CPO (REFINERIES) - Bharat Petroleum · CPO (REFINERIES) BHARAT PETROLEUM CORPORATION LTD. ... one copy of the LOI / PO as token of acceptance and return to BPCL within 10 days from

NOTICE INVITING TENDER FOR SUPPLY OF IS 3589

CARBON STEEL PIPES FOR BPCL GROUP REFINERY

LOCATED AT KOCHI,INDIA.

REQUEST FOR QUOTATION

CRFQ NO. 1000166569

DUE DATE : 31/07/2012

CCCPPPOOO (((RRREEEFFFIIINNNEEERRRIIIEEESSS)))

BHARAT PETROLEUM CORPORATION LTD.

(A Govt. of India Undertaking)

Central Procurement Organization (Refineries)-CPO(R)

BPCL, Mumbai Refinery, Mahul, Mumbai-400 074

Phone: 91-22-25524129 / Fax: 91-22-25544082

NOTICE INVITING TENDER

(CRFQ NO:1000166569)

M/s BHARAT PETROLEUM CORPORATION LTD, Central Procurement Organization –

Refineries invites 3 part bids for Supply of IS 3 589 Carbon Steel Pipes for BPCL Group

Refinery located at Kochi, India.

Details of the tender are available at e-procurement platform https://bpcl.eproc.in.

The tender document can also be downloaded (for reference purpose) from our

website: www.bharatpetroleum.in Energizing Business Tenders

CPO(Refineries) or Government Central Procurement Portal

http://eprocure.gov.in/cppp.

Due date for submission of the Tender: 31.07.2012, 14.00 Hrs. IST.

Important: All updates, amendments, corrigenda etc, (if any) will be posted on the

above websites as and when required. There will not be any publication of the same

through newspapers or any other media.

Place: Mumbai Dy. General Manager, CPO (Refineries)

REQUEST FOR QUOTATION CRFQ -1000166569

1.0 INTRODUCTION

The bids are invited through E tendering platform under three-bid system (i.e. Part 1 – Pre-qualification Bid,

Part 2 - Techno-commercial/Unpriced Bid & Part 3 - Priced Bid) as outlined below. Bidders can downloa d

the complete set of tender documents from, our website www.bharatpetroleum.in Energizing Business

Tenders Refinery procurement - CRFQ No.1000166569 , Government Central Procurement

Portal http://eprocure.gov.in/cppp or at e-procurement platform https://bpcl.eproc.in.

(Contact persons: Mr. P.K.Gayen, Chief Manager (CPO-R) Phone: 0091-22-25533142/ J.D Chhowala, Manager

(CPO-R) Phone: 0091-22-25524129).

INDEX

The complete set of tender documents consists of the following;

Sr.

No

Description Ann

PRE QUALIFICATION SECTION

1 General Instructions to Bidders

1

2 Pre Qualification Criteria 2

3 Annexure-2A to Pre Qualification Criteria (Proforma of declaration of holiday listing) 2-A

Bidders to note that the above Annexure duly filled in along with supporting documents shal l be uploaded

along with the Prequalification Bid.

TECHNICAL/UNPRICED SECTION

4 Special terms and Conditions 3

5 Detailed Technical specification sheet 4 &4A

6 Technical deviation Form 5

7 Commercial terms and conditions ( Indian Bidders) 6

8 ICS Branch Addresses 6-A

9 Commercial terms and conditions ( Non Indian Bidd ers) 7

10 Commercial deviation Form 8

11 Format for indicating percentage of freight, taxes and duties (Indian Bidders) 9

12 Format for indicating percentage of freight, taxes and duties (Non-Indian Bidders) 10

13 Priced Bid format (Indian Bidders) 11

14 Priced Bid format (Non Indian Bidders) 12

15 General Purchase conditions 13

16 Proforma for EMD Bank guarantee( Uploading of EMD at Pre qualification) 14

17 Format for performance Bank Guarantee 15

18 Integrity Pact Document 16

19 Business Rules for Reverse Auction 17

Bidders to note that the above Annexure 3 to 17 duly filled in along with supporting documents shal l be

uploaded along with the Un priced/Technical bid. No prices shall be indicated in any of the above documents.

PRICE BID SECTION

19 Priced Bid Schedule (Indian Bidders) 18

20 Priced Bid Schedule (Non Indian Bidders) 19

Bidders to Fill in the prices only in the above Annexure 18 to 19 (as applicable) and upload the same along

with price bid.

SNO INSTRUCTIONS VENDOR'S ACTION RESPONSE

1.1 COST OF BIDDING

The Bidder shall bear all costs associated with the

preparation and submission of Bid, all activities in

connection with bidding. BPCL will in no case be

responsible or liable for these costs regardless of the

conduct or outcome of the bidding process. Each Bidder

accept and agrees, as a condition of submitting its Bid that

it waives any and all claims against BPCL, its Co-ventures

and their affiliates, for remuneration or restitution relating to

its costs and expenses in.

TO NOTE AND CONFIRM

1.2 CONTENTS OF BIDDING DOCUMENT

The Bidder is expected to examine carefully all instructions,

conditions, forms and terms given in the Bidding

Documents. Failure to furnish all information required by the

Bidding Document or not responsive to the requirements of

the Bidding Document will be at the Bidder’s risk, and may

result in rejection of the bid.

TO NOTE AND CONFIRM

1.3 CLARIFICATION ON BIDDING DOCUMENT

1.3.1 All questions and results for interpretations or clarifications

relating to bid Document shall be addressed in writing by

TO NOTE

GENERAL INSTRUCTION TO BIDDERS

Fax No. ___________________________ Official Seal : _________________________

E mail ID_______________________________________

Name : ______________________________

BHARAT PETROLEUM CORPORATION LIMITED

(Mumbai Refinery )

Enquiry /CPRFQ No. : 1000166569

Offer No./Date ____________________(Bidder’s Ref.)

Tel. No. : _________________________

ANNEXURE-1

M/s ____________________________(Bidder)

Signature : ___________________________

relating to bid Document shall be addressed in writing by

fax / e-mail at the address mentioned below:

Chief Manager , CPO (Refinery),Bharat Petroleum

corporation Limited,Mumbai Refinery, Chembur, Mahul

Mumbai 400 074,Fax No.91-22-25544082.

Mail:[email protected] and a copy to Mail ID:

[email protected]

1.3.2 BPCL will respond in writing or by fax / e-mail to any such

request for clarification which they receive earlier than 7

days prior to the deadline for the submission of bid. Any

such inquiries and all replies there to will be circulated to all

bidders (without identifying the source of enquiry), unless a

bidder request that such enquiry is to be treated as

confidential. If confidentiality is requested, owner shall

decide, in its sole opinion and without giving reasons,

whether such inquiry should be treated as confidential. If

the decision is not to treat the inquiry as confidential, Bidder

will be given the option to withdrawing the inquiry or

confirming that the inquiry as well as the reply may be

circulated to all Bidders. If deemed appropriate by Owner, a

reply may be furnished or subsequently repeated in the

form of an addendum to the bid document in the E

Tendering platform.

TO NOTE

Page 1



1.4 LANGUAGE OF BIDS

The bid prepared by the Bidder and all correspondence and

documents relating to the bid, exchanged by the Bidder and

BPCL, shall be written in the English language. All

information in the “Bid” shall be in English language.

Information in any other language shall be accompanied

with its translation in English. Failure to comply with this

condition shall disqualify a “BID”. In the event of any

contradictions between meanings as derived from various

languages of the “BID”, the meaning as derived from

English language copy of the “BID” shall govern

TO NOTE AND CONFIRM

1.5 CORRECTIONS IN BID

All changes / alterations / corrections in the BID shall be

signed in full by the person or persons signing the Bid, with

date. No erasure, use of correction fluid and / or overwriting

is permitted. All blank spaces shall be filled in by typewriter

/printed or in ink and inter-lineations, alterations or

erasures, if any occur, shall be formally explained over the

signature of authorized representative. “Non-compliance/

violation” of this requirement may be cause for the rejection

of the Bid.

TO NOTE AND CONFIRM

1.6 CONFIDENTIALITY OF BID DOCUMENT

The bidder shall not disclose any information contained in

the bid document or otherwise supplied in connection with

this bid to any third party, except for the purpose of

preparing its bid and shall require any such third party to

treat such information as confidential

TO NOTE AND CONFIRM

1.7 PROCESS TO BE CONFIDENTIAL

1.7.1 After the opening of bids, information relating to the

examination, clarification, evaluation and comparison of

bids and recommendations concerning to award of contract

shall not be disclosed to Bidders

TO NOTE

1.7.2 Canvassing in any form by the Bidder or by any other

Agency on behalf of the Bidder after submission of the Bid

TO NOTE

Agency on behalf of the Bidder after submission of the Bid

may disqualify the said Bid. Any effort by a Bidder to

influence the owner in the process of examination,

clarification, evaluation and comparison of Bids, and in

decisions concerning award of contract, may also result in

the rejection of the said Bid.1.8 WRONG INFORMATION

1.8.1 If the Bidder deliberately gives wrong information in his Bid

to create circumstances for the acceptance of his Bid,

Owner reserves the right to reject such Bids without any

reference to the Bidder

TO NOTE AND CONFIRM

1.9 CLARIFICATIONS OF BIDS

1.9.1 In the event of finding any discrepancies in or omissions

from the Bid Documents, or should the Bidder be in doubt

as to the meaning of such documents, Bidder shall

immediately notify BPCL, either by facsimile or letter, at the

address shown in point no. 1.3.1 above, who will

thereupon, if required, send necessary written instructions

to all Bidders. Any such request shall reach BPCL not later

than seven (7) days prior to the ‘closing date”.

TO NOTE

1.9.2 As part of examination, evaluation and comparison of Bids,

the Owner may at his discretion, ask Bidders individually for

clarification or call them for discussion of their Bid.

TO NOTE

1.9.3 For Techno-Commercial clarifications, bidders shall

normally be given a cut off date for furnishing clarifications.

Clarifications received after the specified cut off date are

liable not to be considered for evaluation. Technical Query

(TQ)/Commercial Query (CQ) shall be issued to bidders

through E-Mail/E Tendering platform. Reply of TQ/CQ shall

also be received through E-Mail/E-Tendering platform.

TO NOTE

Page 2



2.0 CORRECTION OF ERRORS IN PRICE BIDS

In case BPCL consideres the price bids submitted through

E Tendering platform instead of reverse auction, price bids

will be checked by Owner for any arithmetic errors in

computation and summation. Errors will be corrected by

owner as follows2.0.1 Where there is a discrepancy between amounts in figures

and words, the amount in words will govern.

TO NOTE AND CONFIRM

2.0.2 Where there is a discrepancy between the lump sum prices

and price break up, in that event lump sum prices will be

considered final and break up of prices adjusted

accordingly

TO NOTE AND CONFIRM

2.1 SIGNING OF BID

2.1.1 The Bid must contain the name, designation, residence and

place of business of the person or persons submitting the

Bid, and must be signed and sealed by the Bidder with his

usual signature. The names of all persons signing should

also be typed or printed below their signature

TO NOTE

2.1.2 Satisfactory evidence of authority of the person signing on

behalf of the Bidder shall be furnished with the Bid.

TO NOTE AND CONFIRM

2.1.3 The Bidder’s name stated in the Bid shall be the EXACT

LEGAL NAME OF FIRM / COMPANY / CORPORATION,

etc. as registered or incorporated.

TO NOTE AND CONFIRM

2.2 OWNER’S RIGHTS TO ACCEPT / REJECT ANY OR

ALL BIDS

2.2.1 Notwithstanding what is stated above, Owner reserves the

right to accept or reject any or all Bids at any time prior to

the award of contract without assigning any reason

whatsoever and without thereby incurring any liability to the

affected Bidder for Owner’s action

TO NOTE

2.3 INDIAN LAWS

2.3.1 Bidder is reminded that they will be subject to Indian laws,

Government of India rules and regulations/ guidelines,

practices and conditions as applicable from time to time

which might affect the MATERIAL supply

TO NOTE

which might affect the MATERIAL supply

2.4 NOTIFICATION OF AWARD

2.4.1 Prior to the expiring of the period of Bid validity prescribed

by BPCL, BPCL will notify the successful Bidder by Letter of

Intent (LOI) / Purchase Order (PO) that his Bid has been

accepted. This notification of award shall contain the sum

which BPCL will pay to the successful bidder in

consideration of the execution and completion of the work

as per Purchase order. BPCL will be the sole judge in the

matter of award of PO and the decision of BPCL will be final

and binding. Successful bidder shall duly sign and stamp

one copy of the LOI / PO as token of acceptance and

return to BPCL within 10 days from date of LOI / PO.

TO NOTE

2.4.2 The notification of award will constitute the formation of

contract. The successful Bidder shall execute the

requirements of a Purchase Order, which, among other

things, shall include, by reference, all the Sections and

provisions of these Bid Documents. The Purchase Order

shall be signed by the duly authorized representatives of

the Bidder and BPCL

TO NOTE

2.5 SUBMISSION OF TENDER

Bids should be submitted in “THREE BID SYSTEM”, i.e.

“Pre-Qualification Bid, Un -Priced Technical Bid” & “Priced

Bid” through e-tendering portal

TO NOTE

2.5.1 PRE-QUALIFICATION BID:

“Pre-Qualification Bid” shall be complete with the required

documents as per pre-qualification criteria and as given

below

TO NOTE

2.5.1.1 a) Prequalification criteria document (Annexure-2) shall be

duly filled in and the required documents as per the

prequalification critieria (Including Annexure-2A duly filled

in) shall be uploaded by the Bidder along with the Pre

qualification bid.

TO NOTE AND CONFIRM

Page 3



2.5.1.1 b) EMD, wherever applicable shall have to be submitted to

BPCL as detailed below in clause 2.8, prior to due date of

opening the “Pre-Qualification Bid”. Registration/ Exemption

Certificate (if any) shall have to be submitted to BPCL as

detailed below in clause 2.8, prior to due date of opening

the “Pre-Qualification Bid”. The Bidder shall upload the

scanned copy of EMD (i.e. DD/Pay Order/ Bank Bank

Guarantee/ Registration/ Exemption Certificate as the case

may be) along with other details in their“Pre-Qualification

Bid”.

TO NOTE AND CONFIRM

2.5.1.1 d) Proforma of holiday listing (Annexure-2A) shall be duly

filled in Bidder's letter head and shall be uploaded by the

Bidder along with the Pre qualification bid.

TO NOTE AND CONFIRM

2.5.1.2 TECHNICAL/UNPRICED BID

2.5.1.2 a) Except for the price, complete set of documents as listed

below shall be enclosed in Technical/Unpriced bid only

TO NOTE

2.5.1.2 b) Special terms and conditions (Annexure-3) shall be duly

filled in/signed and stamped and uploaded along with

unpriced bid.

TO NOTE AND CONFIRM

2.5.1.2 c) Detailed Technical specification/sheet (Annexure-4 & 4A)

shall be duly filled in/ signed and stamped and uploaded

along with unpriced bid.

TO NOTE AND CONFIRM

2.5.1.2 d) Technical Deviation form (Annexure-5) in case of technical

deviations shall be duly filled in and uploaded along with

unpriced bid. Deviations mentioned only in this document

shall be considered and deviations mentioned elsewhere in

the bid shall have no cognizance.

TO NOTE AND CONFIRM

2.5.1.2 e) Commercial terms and conditions shall be duly filled

in.(Annexure-6 for Indian Bidders and Annexure-7 for Non

Indian Bidders): Bidders are requested to go through the

Commercial condition sheet in detail. Bidders shall indicate

Confirmed/Unconfirmed option against each clause. In

case of non confirmation of any of the condition, Bidder

TO NOTE AND CONFIRM

shall indicate the deviation in the space allotted for the

same. BPCL reserves the option to accept or reject the

offer from the vendor in case of non confirmation of the

commercial conditions. Also suitable loading on account of

commercial deviations as per the tender conditions shall be

applied in evaluation of the offer. Bidder shall also input the

requisite commercial details as requested in the document

in the space allotted.

2.5.1.2 f) Commercial Deviation form (Annexure-8) in case of

commercial deviations shall be duly filled in and uploaded

along with unpriced bid. Deviations mentioned only in this

document shall be considered and deviations mentioned

elsewhere in the bid shall have no cognizance.

TO NOTE AND CONFIRM

2.5.1.2 e) Format for freight taxes and duties (Indian bidders)

Annexure-9: Indian Bidders to indicate the percentage of

freight, taxes and duties: Taxes, Duties, Freight and any

other charges shall be filled in as % or NIL only without any

precondition. Also note that vendor shall be responsible for

all payments before delivery, hence vendor shall not write

for any charge on BPCL A/c or shall not leave any field

blank wherever applicable /payable.

TO NOTE AND CONFIRM

2.5.1.2 g) Format for freight taxes and duties (Non Indian bidders)

Annexure-10: Non Indian Bidders to indicate the

percentage of freight, taxes and duties: Taxes, Duties,

Freight and any other charges shall be filled in as % or NIL

only without any precondition. Also note that vendor shall

be responsible for all payments before delivery, hence

vendor shall not write for any charge on BPCL A/c or shall

not leave any field blank wherever applicable/payable.

TO NOTE AND CONFIRM

2.5.1.2 h) Priced bid format attached shall be filled in (Annexure 11):

Indian Bidders are requested to provide their quote strictly

as per the format without altering the content of it. Bidder

shall Indicate ‘Q’ for a Quoted item and ‘NQ’ for items which

are not quoted in all ‘Un-Priced’ copies of the ‘Price

Schedule’. No prices shall be indicated in the document in

the technical bid

TO NOTE AND CONFIRM

Page 4



2.5.1.2 i) Priced bid format attached shall be filled in (Annexure 12):

Non Indian Bidders are requested to provide their quote

strictly as per the format without altering the content of it.

Bidder shall Indicate ‘Q’ for a Quoted item and ‘NQ’ for

items which are not quoted in all ‘Un-Priced’ copies of the

‘Price Schedule’. No prices shall be indicated in the

document in the technical bid

TO NOTE AND CONFIRM

2.5.1.2 j) General Purchase conditions (Annexure-13) shall be duly

filled in. Vendors are requested to go through the General

Purchase Condition document in detail. General Purchase

conditions document shall be duly signed, stamped and

uploaded along with unpriced bid

TO NOTE AND CONFIRM

2.5.1.2 k) Integrity Pact Document (Annexure-16) shall be duly

signed, stamped and uploaded along with the unpriced bid.

Proforma of Integrity Pact (IP) shall be duly signed by the

same signatory who is authorised to sign the bid

documents. All the pages of the Integrity Pact shall be duly

signed and uploaded along with the unpriced part of the

quotation. Bidder's failure to submit the IP document duly

signed along with bid documents shall result in the bid not

being considered for further evaluation

TO NOTE AND CONFIRM

2.5.1.2 l) Vendors to note that offers not in line with the above are not

acceptable and their offer is liable for rejection on

commercial grounds.

TO NOTE AND CONFIRM

2.5.1.2 m) BPCL reserves the right to decide the tender, based on the

‘Sealed Price Bid’ submitted by the Bidder with their offer

OR by conducting ‘Reverse Auction’ (RA), with only the

‘techno-commercially accepted Bidders’ after evaluation of

the Technical Bid. The Bidders should submit their best

prices in the ‘Sealed Priced bid’, however it may be noted

that in case BPCL opts for ’RA’, the ‘Sealed Price Bid’

submitted by the Bidder shall not be opened. For

conducting the RA, the ‘Opening / Start bid price’ and

subsequent ‘Decrement value’ shall be specified by BPCL,

based on BPCL’s internal estimation process, prior to the

RA. As a prerequisite, all Bidders shall have to confirm their

TO NOTE AND CONFIRM

RA. As a prerequisite, all Bidders shall have to confirm their

compliance with the ‘General Terms and Conditions

governing RA’ furnished at Annexure-17 .

2.6 PRICED BID

2.6.1 Indian Bidders may please note that price bid with prices

shall be uploaded only as per the price bid format

(Annexure--18). without any condition whatsoever.

TO NOTE AND CONFIRM

2.6.2 Non Indian Bidders may please note that price bid with

prices shall be uploaded only as per the price bid format

(Annexure--19). without any condition whatsoever.

TO NOTE AND CONFIRM

2.6.3 BPCL reserves the right to go for Reverse Auction (RA)

instead of opening the submitted sealed price bid, which

shall be decided after technical evaluation of the offers. As

such, the bidders should submit their best prices in the

“Sealed bid”. In case BPCL opts for RA, submitted price bid

on in e-platform shall not be opened. In case RA fails for

any reason,submitted prices in "e-sealed bid" shall be valid

and opened for finalization of the tender.

TO NOTE AND CONFIRM

2.7 TENDER OPENING

2.7.1 Prequalification bids shall be opened on the due date of

31.07.2012 at 14:00 Hrs IST on E Tendering platform.

Prequalification bids complete in all respects including

submission of EMD/Registration/Exemption Certificate (if

any) shall only be opened. The offers of those bidder(s)

whose documents meet the Prequalification requirements,

will only be considered for further evaluation. Bidders can

view/witness the “Pre qualification Bid” opening through the

e-portal.

TO NOTE AND CONFIRM

2.7.2 The technical/unpriced bids of only the bidders meeting the

prequalification criteria shall be opened after evaluation of

the prequalification bids. Pre Qualified Bidders can

view/witness the “Un-Priced/Technical” opening through the

e-portal. The offers of those Bidder(s) whose un-priced bid

meet the requirements, will only be considered for further

evaluation.

TO NOTE AND CONFIRM

Page 5



2.7.3 The date and time of opening the Price bids/ Reverse

Auction as the case may be shall be intimated to the

Techno-Commercially acceptable bidders only and the

priced bids/reverse Auction shall be carried out for these

vendors only. Such Techno-Commercially accepted bidders

can view/witness the “Price bids” opening through E Portal/

participate in the reverse auction as the case may be.

TO NOTE AND CONFIRM

Page 6



2.8 EARNEST MONEY DEPOSIT

2.8.1 The bidders shall submit an interest-free Earnest Money

Deposit (EMD) of Rs 1,00,000/- (Rupees One Lakh Only)/

USD 2000 by crossed account payee Demand Draft drawn

on any nationalized / scheduled bank in favour of “BHARAT

PETROLEUM CORPORATION LTD” payable at Mumbai.

TO NOTE AND CONFIRM

2.8.2 The EMD shall be submitted to BPCL prior to the due date

& time of opening of the “Pre-Qualification Bid”. Bidders in

category of being exempted as per clause 2.8.3 shall

submit suitable proof to BPCL prior to the due date & time

of opening of the “Pre-Qualification Bid”.

TO NOTE AND CONFIRM

2.8.3 The following categories of bidders are however exempted

from depositing EMD:

(i) Public Sector Enterprises;

(ii) Units registered with National Small Industries

Corporation (NSIC)

subject to:

a)The unit being registered with NSIC for the item

tendered.;

b) Registration certificate being valid as on date of

quotation.

(iii) Vendors who are already registered with BPCL;

Such bidders must upload appropriate proof along with their

“Pre-Qualification Bid”, to show that they are eligible for the

exemption from EMD (application for registration as NSIC

or for renewal will not be acceptable ), failing which such bid

will be treated as bid received without EMD and liable to be

rejected.

TO NOTE AND CONFIRM

2.8.4 Registration with DGS&D will not entitle the Bidder to claim

exemption from payment of EMD.

TO NOTE

2.8.5 “Earnest Money Deposit” (EMD), wherever applicable, shall

be paid separately by Demand Draft (DD) / Banker’s

Cheque drawn in favour of Bharat Petroleum Corporation

TO NOTE AND CONFIRM

Limited and payable at Mumbai2.8.6 Alternatively EMD can also be remitted by way of “Bank

Guarantee” as per BG format attached (Annexure-14), from

any Bank recognized as Scheduled Bank by Reserve Bank

of India, in favour of M/s. Bharat Petroleum Corporation Ltd.

Mumbai.

TO NOTE AND CONFIRM

2.8.7 Bank Guarantee from any Foreign Bank is acceptable only

if the same is countersigned by their Indian Branches

(provided the Indian Branch of the Foreign Bank is

recognized Scheduled Bank by Reserve Bank of India) or

any Scheduled Indian Bank

TO NOTE AND CONFIRM

2.8.8 The Bank Guarantee in lieu of EMD shall be furnished on

non-judicial stamp paper of value not less than Rs. 100/-

(Rupees One hundred only) and in the prescribed Performa

given in the Tender Document

TO NOTE AND CONFIRM

2.8.9 The Bank Guarantee shall be kept valid for a period of 60

days beyond the validity period

TO NOTE AND CONFIRM

2.8.10 Original DD/Banker’s Cheque or BG as the case may be,

towards EMD shall be sent separately to DGM, CPO-

Refineries, BPCL. Copy the DD/Banker’s cheque /BG as

the case may be, along with proof of dispatch to be

uploaded along with pre qualification bid. Bids without EMD

are liable to be rejected

TO NOTE AND CONFIRM

2.8.11 EMD of unsuccessful bidders shall be released after

issuance of LOI /Purchase Order against this tender.

However, in case of successful bidder the EMD shall be

released on receipt of performance bank guarantee

TO NOTE AND CONFIRM

2.8.12 Forfeiture of EMD – A tenderer who has submitted their bid

shall not be permitted to alter/amend or withdraw the bid,

not withstanding that the bid(s) has/have not yet been

opened/finalised. A tenderer who purports to alter/modify

withdraw their offer after submission, within the validity of

the offer shall be liable to have their offer rejected and their

EMD forfeited/encashed.

TO NOTE AND CONFIRM

2.8.13 The Earnest Money deposited by successful tenderer shall

be forfeited if the successful tenderer fails to honour the

offer terms prior to ordering and Contractual terms after

issuance of FOI/PO

TO NOTE AND CONFIRM

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2.9 INTEGRITY PACT

2.9.1 Proforma of Integrity Pact (IP) IAnnexure-16) shall be

uploaded by the Bidder/s along with the unpriced bid

documents duly signed by the same signatory who is

authorised to sign the bid documents. All the pages of the

Integrity Pact shall be duly signed. Bidder's failure to upload

the IP duly signed along with bid documents shall result in

the bid not being considered for further evaluation

TO NOTE AND CONFIRM

2.9.2 If the Bidder has been disqualified from the tender process

prior to the award of the contract in accordance with the

provisions of the IP, BPCL shall be entitled to demand &

recovered from Bidder Liquidated Damages amount by

forfeiting the EMD/Bid Security as per provisions of IP.

TO NOTE AND CONFIRM

2.9.3 If the contract has been terminated according to the

provisions of the IP, or if BPCL is entitled to terminate the

contract according to the provisions of the IP, BPCL shall

be entitled to demand & recovered from Contractor

Liquidated Damages amount by forfeiting the Security

Deposit/Performance Bank Guarantee as per provisions of

the IP

TO NOTE AND CONFIRM

2.9.4 Bidders may raise disputes/complaints, if any, with the

nominated Independent External Monitor (IEM). The IEM's

name, address & contact number is given below :

Mr.Janki Ballabh

Flat No. 605,Vesova Vinayak Co-Op Hsg Soc

Plot No:8, Near Vesova Telephone Exchange

Versova, Andheri(West)

Mumbai - 400053.

Tel : 022-2635 3456 (Res)

Mobile : 9833363066

TO NOTE

2.10 INSTRUCTIONS TO BIDDERS FOR E-TENDERING

2.10.1 The vendor is requested to download the tender from

BPCL’s e-tendering website https://bpcl.eproc.in and

participate in the tender as per the instructions given above

TO NOTE

participate in the tender as per the instructions given above

and herein, on or before the due date and time of the

tender. The tender available on the BPCL website can be

downloaded for reading purpose only. For participation in

the tender, please fill up the tender online on the e-tender

system available on https://bpcl.eproc.in.

2.10.2 For registration on the e-tender site https://bpcl.eporc.in,

you need to download the User Instruction Manual from the

site and read it. They shall have to select “Enrollment” and

complete the “Supplier Registration Form” by filling in all the

information correctly. Kindly remember the login id,

password entered therein. After you complete this process,

system will generate an e-mail wherein a system generated

“Challenge Phrase” will be mailed to you to complete

balance registration process.

TO NOTE

2.10.3 As a pre-requisite for participation in the tender, vendors

are required to obtain a valid Digital Certificate of Class IIB

and above as per Indian IT Act from the licensed Certifying

Authorities operating under the Root Certifying Authority of

India (RCIA), Controller of Certifying Authorities (CCA). The

cost of obtaining the digital certificate shall be borne by the

tenderer. In case any tenderer so desires, he may contact

our e-procurement service provider M/s. C1 India Pvt. Ltd.,

Mumbai (Contact no. 022-66865600) for obtaining the

digital signature certificate. Please note that generally, it

takes 5 working days for obtaining a digital certificate after

the submission of all required documents / fees. Non

availability of Digital Certificate shall be considered as the

vendor’s regret.

TO NOTE

Page 8



2.10.4 Corrigendum/ amendment, if any, shall be notified on the

site https://bpcl.eproc.in. In case any

corrigendum/amendment is issued after the submission of

the bid, then such tenderers who have submitted their bids,

shall be intimated about the corrigendum/amendment by a

system-generated email. No written communication will be

circulated. It shall be assumed that the information

contained therein has been taken into account by the

tenderer. They have the choice of making changes in their

bid before the due date and time

TO NOTE

2.10.5 Tenderers are required to submit their bid online on or

before the due date and time of closing of the tender as

depicted in this document. Tenderers shall have to log on to

the website (https://bpcl.eproc.in) for submitting their bid.

The system time (IST) that will be displayed on e-

Procurement web page shall be the time considered for

determining the expiry of due date and time of the tender

and no other time shall be taken into cognizance.

Tenderers are advised in their own interest to ensure that

their bids are submitted in e-Procurement system well

before the closing date and time of bid. If the tenderer

intends to change/revise the bid already entered, he may

do so any number of times till the due date and time of

submission deadline. However, no bid can be modified after

the deadline for submission of bids. Once the entire

process of submission of online bid is complete, the

tenderers are required to go to option ‘own bid view’

through dashboard and take the print of the envelope

receipt as a proof of submitted bid.

TO NOTE

2.10.6 Bids / Offers shall not be permitted in e-procurement

system after the due date /time of tender. Hence, no bid

can be submitted after the due date and time of submission

has elapsed

TO NOTE

2.10.7 No manual bids/offers along with electronic bids/offers shall

be permitted

TO NOTE

be permitted2.10.8 Once the /PQ Bid/technical (or) un-priced bids are opened,

vendors can see the list of tenderers who have participated

in the bid by logging on to the portal under their user ID and

password and clicking on “Other Bids” view. Subsequently,

in case the price bids are opened in E Tendering platform,

tenderers can see the rates quoted by all the participating

bidders using the same option

TO NOTE

2.10.9 No responsibility will be taken by BPCL and/or the e-

procurement service provider for any delay due to

connectivity and availability of website. They shall not have

any liability to tenderers for any interruption or delay in

access to the site irrespective of the cause. It is advisable

that tenderers who are not well conversant with e-tendering

procedures, start filling up the tenders much before the due

date /time so that there is sufficient time available with

him/her to acquaint with all the steps and seek help if they

so require. Even for those who are conversant with this

type of e-tendering, it is suggested to complete all the

activities ahead of time. It should be noted that the

individual bid becomes viewable only after the opening of

the bid on/after the due date and time. Please be reassured

that your bid will be viewable only to you and nobody else till

the due date/ time of the tender opening. The non

availability of viewing before due date and time is true for e-

tendering service provider as well as BPCL officials.

TO NOTE

2.10.10 BPCL and/or the e-procurement service provider shall not

be responsible for any direct or indirect loss or damages

and or consequential damages, arising out of the bidding

process including but not limited to systems problems,

inability to use the system, loss of electronic information etc.

TO NOTE

2.10.11 In case of any clarification pertaining to e-procurement

process, the tenderer may contact the following agencies /

personnel1. For system related queries: M/s C1 India at contact

nos.022-66865600.

2. For tender related queries: M/s BPCL as indicated at

Clause 1.3.1

TO NOTE

Page 9

Annexure 2A The Declaration should be produced on Vendor’s Letter Head.

PROFORMA OF DECLARATION OF HOLIDAY LISTING In the case of a Proprietary Concern: I hereby declare that neither I in the name of my Proprietary concern M/s. ______________ which is submitting the accompanying Bid / Tender nor any other concern in which I am a proprietor nor in any partnership firm in which I am involved as a Managing Partner have been placed on holiday list declared by Bharat Petroleum Corporation Limited except as indicated below: (Here given particulars of holiday listing and in absence thereof state “NIL”). In the case of a Partnership Firm We hereby declare that neither we, M/s. __________________ submitting the accompanying Bid / Tender nor any partner involved in the management of the said firm either in his individual capacity or as proprietor of any firm or concern have or has been placed on holiday list declared by Bharat Petroleum Corporation Limited except as indicated below: (Here given particulars of holiday listing and in absence thereof state “NIL”). In the case of Company We hereby declared that we have not been placed on any holiday list declared by Bharat Petroleum Corporation Limited except as indicated below: (Here given particulars of holiday listing and in absence thereof state “NIL”). It is understood that if this declaration is found to be false in any particular, Bharat Petroleum Corporation Limited shall have the right to reject my / our bid, and, if the bid has resulted in a contract, the contract is liable to be terminated. Place: ____________ Signature of the Bidder______________ Date: ____________ Name of the Signatory_______________

(This Section to be enclosed with PQ Bid) Page 1


Pre-Qualification Criteria: Bidder shall meet the following criteria

1.0 Technical Criteria:

1.1 Bidder shall have his own manufacturing unit for

supply of pipes.

NOTED & CONFIRMED

1.2 The Bidder shall have successfully completed

supply of carbon Steel Pipes as per IS/ASTM

standards to any Process Industry/Government

Department/ Quasi Government bodies in any of

the previous three years up to 31/3/2012,the

combined order value of the same in any one of

the three years should not be less than Rs. 5

crores.

CONFIRMED & RELEVANT

SUPPORTING DOCUMENT

ENCLOSED

2.0 Financial Criteria:

PRE-QUALIFICATION CRITERIA

ANNEXURE-2

M/s __________________________________(Bidder)

Signature : ___________________________

Name : ___________________________


(Mumbai Refinery )

Enquiry/CPRFQ No. : 1000166569

E mail ID:____________________________

Offer No./Dt ____________________(Bidder’s Ref.)

Tel. No. : _________________________

Fax No. : ___________________________ Official Seal : ___________________________

2.1 The turnover of the bidder during any of the

precedding three financial years up to 2011-

2012 should be minimum of Rs.11 Crores.


SUPPORTING DOCUMENT

ENCLOSED

2.2 The financial net worth of the bidder shall be

positive as per latest audited annual report.


SUPPORTING DOCUMENT

ENCLOSED

2.3 The Bidder should not be on holiday list of

BPCL.

NOTED & CONFIRMED

3.0 Bidders to Note the following:

3.1 The bidder alongwith the bid shall furnish

documentary evidence at the first instance itself

to substantiate their claim meeting the

requirement specified in pre qualification

criteria.Qualification may be completed based

on the details so furnished without seeking any

subsequent additional information.

NOTED & CONFIRMED

3.1 Even though bidder meets all the criteria

mentioned above, BPCL reserves the right to

assess the Bidder’s capability and capacity to

perform the job, in the overall interest of BPCL

and BPCL can reject the bid(s) at any time

without assigning any reason and without

incurring any liability to the affected bidders(s).

NOTED & CONFIRMED

Page 1


PRE-QUALIFICATION CRITERIA

4.0 Bidders to submit the following Documents

along with the PQ Bid:

4.1 The Bidder shall submit copies of valid

purchase orders of pipes supplied in the

bidder’s own name as documentary evidence to

substantiate the requirements of the technical

criteria.

NOTED & RELEVANT

SUPPORTING DOCUMENT

ENCLOSED

4.2 The Bidder shall submit latest audited Balance

Sheet , financial statements including Profit &

Loss Accounts for last 3 financial years ending

upto 2011-12.

NOTED & RELEVANT

SUPPORTING DOCUMENT

ENCLOSED

Page 2

SNO INSTRUCTIONSVENDOR

RESPONS RESPONSE

SPECIAL TERMS & CONDITIONS

Fax No. : _________________________ Official Seal : _________________________

Tel. No. : _________________________

VENDORS SHALL FILL THIS QUESTIONNAIRE GIVING THEIR CONFIRMATION FOR ALL SPECIAL

TERMS & CONDITIONS, AS CALLED FOR IN EACH CLAUSE AND ENCLOSE THE SAME WITH THE UN-

PRICED BID. VENDOR MAY INDICATE “NOTED”, “ACCEPTED”, “CONFIRMED” OR SPECIFY

DEVIATIONS / DETAILS, ETC. AS REQUIRED IN THE REMARKS AGAINST IN EACH SPECIFIC

CLAUSE. NOTE THAT NO PRICE INDICATIONS ARE TO BE GIVEN IN THIS FORMAT. EACH PAGE

SHALL BE DULY SIGNED AND STAMPED BY THE VENDOR.

ANNEXURE-3

M/s ________________________(Bidder)

Signature : ___________________________

Name : ______________________________


(Mumbai Refinery )

Enquiry /CPRFQ No. : 1000166569

Offer No./Dt __________________ (Bidder’s Ref.)

E1.1 This is a Three Part Bid Tender, viz.

"Prequalification,un priced Bid and Priced-Bid.

The Bidders shall submit details required for each

type of Bid, as specified. Only those vendors

found acceptable in pre qualification ,shall be

considered for unpriced Bid.Only those vendors

found technically acceptable, shall be considered

for commercial evaluation. Accordingly, Priced

Bids of the techno-commercially qualified

vendors will only be opened for further evaluation.

All documents / Bids submitted shall be digitally

signed and sealed for authentication.

NOTE AND

CONFIRM

1.2 BPCL reserves the right to decide the tender,

based on the ‘Sealed Price Bid’ submitted by the

Bidder with their offer OR by conducting ‘Reverse

Auction’ (RA), with only the ‘techno-commercially

accepted Bidders’ after evaluation of the

Technical Bid. The Bidders should submit their

best prices in the ‘Sealed Priced bid’, however it

may be noted that in case BPCL opts for ’RA’, the

‘Sealed Price Bid’ submitted by the Bidder shall

not be opened. For conducting the RA, the

‘Opening / Start bid price’ and subsequent

‘Decrement value’ shall be specified by BPCL,

based on BPCL’s internal estimation process,

prior to the RA. As a prerequisite, all Bidders shall

have to confirm their compliance with the

‘Business Rule Document governing RA’

furnished at Annexure 17.

NOTE AND

CONFIRM

Page 1


RESPONS

E

RESPONSE


1.3 All the items in the Price bid format shall be

considered for evaluation. BPCL reserves the

right to place order for all tendered items or part

of the items .However individual item quantity

shall not be split.

NOTE AND

CONFIRM

1.4 The supply of pipe required shallbe as per BPCL

specification as detailed in specification enclosed

as Annexure -4 and 4A.

NOTE AND

CONFIRM

1.5 DELIVERY SCHEDULE: Indian Bidders shall

deliver all the pipes at the BPCL Kochi i

Refinery ,India at the earliest, but , in any case

not later than 4 months from the date of LOI /

Purchase Order. For Non Indian Bidder, FOB

delivery shall be at the earliest, but, in any case

not later than 3 months from the date of LOI /

Purchase Order and CFR delivery shall be at the

earliest, but, in any case not later than 4 months

from the date of LOI / Purchase Order.

NOTE AND

CONFIRM

1.6 Transit insurance/Marine Insurance: It shall be

excluded from suppliers’ scope for the items

where only supply involved and the same shall be

arranged by the owner.

NOTE AND

CONFIRM

1.7 Transportation in India by theBidders:

1.7.1 Transportation for Indian Bidder:

1.7.1.1 Indian Suppliers shall quote firm freight charges

up to destination by road on freight pre-paid

door delivery basis through bank approved

transporters for all cases. If a supplier does not

quote freight charges, his offer shall beliable for

rejection.

NOTE AND

CONFIRM

1.7.2 Transportation for Non Indian Bidders

1.7.2.1

Ocean/Air transportation from FOB/ FCA Port of

Exit to Designated Indian Port/ Airport shall be

arranged by BPCL through their nominated

freight forwarder. Bidder shall arrange handing

over the material to BPCL freight forwarder at the

designated port of exit.

NOTE AND

CONFIRM

1.7.2.1 In cases where the NIT/CRFQ requires bidder to

quote Ocean/Air freight, BPCL reserves the right

to ask the bidder to arrange shipment through

bidders own freight forwarder at the quoted

freight depending on the approval from

chartering wing of the Ministry of Surface

Transport, New Delhi.

NOTE AND

CONFIRM

Page 2


RESPONS

E

RESPONSE


1.8 SHIPMENT, HANDLING, PACKAGING AND

TRANSPORTATION: The bidder shall be

responsible for the handling and transportation of

the supplied material at the sites as specified.

Packing and Marking of the goods to be supplied

shall be the responsibility of the Bidder and shall

be such as to protect the material from damages

due to transportation. All goods shall be packed in

suitable manner to avoid damage to the material

during transit and storage in accordance with best

commercial practices and requirements of

application specifications. The materials for

packaging, packing, shall be of recognized brands

and shall conform to best standards in the areas

in which the articles are packed. The packing shall

protect the material from impact, vibration, static

charge, rough handling, rain dust, damp, rodents

etc.

NOTE AND

CONFIRM

Page 3

Annexure-4 (CRFQ 1000166569)

BHARAT PETROLEUM CORPORATIONLIMITED, KOCHI REFINERY.

SPECIFICATION FOR IS 3589 CARBON STEEL PIPES FOR PR NO: 12950679 and PR

NO: 13072753.

1. SCOPE This specification covers carbon steel pipes of various sizes for use in refinery. The pipe shall correspond to IS 3589 and meet requirements of this specification and technical notes for IS 3589 pipes. 2. MATERIAL DESCRIPTION IN DETAIL

1. 74.42.15.375.5 -PIPE CS IS3589 GR.FE.410 WLD 300NB- Mat CARBON STEEL

Mat-spec IS 3589 GRADE FE.410

Service FIRE WATER

Manufacturing-process WLD (ERW)

End-preparation BEVELLED

Thickness-wall-mm 6.35

Size-mm 300

RANDOM LENGTH: 5 TO 7 METER

Applicable specification: (1) Technical notes for IS 3589 pipes. (2) Inspection and test plan for

welded pipes as per standard specification no: 6-81-0002 Rev.2.

2. 74.42.15.385.5-PIPE CS IS3589 GR.FE.410 WLD 350NB

Mat CARBON STEEL


Service FIRE WATER




Size-mm 350




3. 74.42.15.422.5 - PIPE CS IS3589 GR.FE.410 WLD 400NB

Mat CARBON STEEL


Service FIRE WATER



Thickness-wall-mm 12

Size-mm 400




4. 74.42.15.490.7

PIPE CS IS3589 GR.FE.320 BLK. ERW 8 MM 450 NB

Mat CARBON STEEL


Service FIRE WATER



Thickness-wall-mm 8

Size-mm 450




5. 74.42.15.514.7- PIPE CS IS3589 GR.FE.320 WLD 500NB PIPE METALLIC

Mat CARBON STEEL


Service FIRE WATER




Size-mm 500




6. 74.42.15.602.7- PIPE CS IS3589 GR.FE.320 WLD 650NB

Mat CARBON STEEL


Service FIRE WATER



Thickness-wall-mm 10

Size-mm 650





Mat CARBON STEEL


Service FIRE WATER



Thickness-wall-mm 8

Size-mm 600





Mat CARBON STEEL


Service FIRE WATER



Thickness-wall-mm 8

Size-mm 550




********************************

TECHNICAL NOTES FOR IS 3589 PIPES

1.0 GENERAL

1.1 All pipes and their dimensions, tolerances, chemical composition, physical properties,

heat treatment, hydro test and other testing and marking requirements shall confirm to the

IS 3589 (latest) code and standards specified in the material requirements (MR).Vendors

shall strictly comply with Technical specification and no deviation shall be permitted.

1.2 TESTING

1.2.1 Test reports shall be supplied for all mandatory tests as per the applicable material

standard.

1.2.2 Material test certificates (physical property, chemical composition & heat treatment

report) shall also be furnished for the pipes supplied.

1.3 MANUFACTURING PROCESS

1.3.1 Steel made by acid Bessemer process shall not be acceptable.

1.3.2 The pipes shall be manufactured from plates and shall have only longitudinal continuous

welding.

1.4 Pipes shall be supplied in single random length of 5 to 7 meters. (Larger lengths of 6 to 7

meters preferable).

1.5 Pipes shall not have any circumferential seam joint in a random length.

1.6 Pipes shall not have more than one longitudinal seam joint.

1.7 Pipes with bevel ends shall be accordance with ASME B 16.25.

2.0 HYDROSTATIC TEST

2.1 Pipes shall be hydrostatically tested as per IS 3589 (latest) standard/ QAP as per EIL

SPECIFICATION no.6-81-002 Rev.2.

2.2 The mill test pressure shall be as per IS 3589 (latest) standard.

3.0 MARKING AND DESPATCH

3.1 Pipes shall be dry, clean and free from moisture, dirt and loose foreign materials of any

kind.

3.2 Pipes shall be protected from rust & corrosion.

3.3 Rust preventive used on machined surfaces to be welded shall be easily removable with a

petroleum solvent and the same shall not be harmful to welding.

3.4 Both ends of the pipe shall be protected with plastic cover.

4.0 INSPECTION AND TEST PLAN

4.1 Vendor shall provide a QAP as per EIL SPECIFICATION no.6-81-002 Rev.2 and get it

approved from BPCL (KR).

Bidder Name:

Bidder Sign:

Bidder Stamp:

ANNEXURE-5 (CRFQ 1000166569)

DEVIATION FORM (TECHNICAL) Name of vendor: Schedule of Deviations in reference to BPCL SPECIFICATIONS 1. Vendor may give here a consolidated list of technical deviations for all sections of

the SPECIFICATIONS, which for an appropriate offer is considered unavoidable by him.

2. Deviations mentioned elsewhere in the offer shall not be taken cognizance by the COMPANY and any such deviations if indicated elsewhere other than this form will render the offer non-responsive and shall liable to be rejected.

3. Vendor shall state the reasons for the deviations in the `Remark' column. 4. All other clauses of the SPECIFICATIONS (not mentioned in this form) shall be

deemed to be fully complied by the vendor 5. Only the deviations listed herein, in conjunction with the SPECIFICATIONS, shall

constitute the contract requirements for the award of job to the vendor.

Sr. No.

Annexure- No.

Clause No.

Requirement of the BPCL

SPECIFICATIONS

Deviations to the SPECIFICATIONS

Remarks

1 2 3 4 5 6

vendor Signature of the authorized signatory : Name of the authorized signatory : Stamp & Date :

Page:1

M/s ____________________________(Bidder)

Signature : ___________________________

Name : ______________________________

Official Seal : _________________________


1.0 Indicate Despatch point TO SPECIFY

1.1 Confirm that the Prices shall be FIRM till complete

execution of the order and shall not be subject to

variation on any account.

TO NOTE AND CONFIRM

1.2 All material are subject to inspection by Third Party

Inspection agency(TPI). BPCL nominated third party

Inspection agency will be M/s International Certification

Services Pvt. Ltd.(ICS). ICS inspection charges shall

be borne by BPCL. Bidder shall note the distance

between of bidder’s place of Inspection/manufacturing

facilities w.r.t . ICS office/Regional office . List of

offices/Regional offices is enclosed for your ready

reference. Following fees shall be indicated in Format

of Taxes/Duties,TPI &Freight with reference to the

distance between them .

TO NOTE AND CONFIRM

Tel. No. : _________________________

COMMERCIAL CONDITIONS (INDIAN BIDDERS)

Fax No. ___________________________

ANNEXURE-6


(Mumbai Refinery )

Enquiry /CRFQ No. : 1000166569

Offer No./Dt. ____________________ (Bidder’s Ref.)

distance between them .

A)ICS fees for distance within 100 Kms between of

ICS office/Regional office & Bidders place of

manufacturing/Inspection :1.07% of P.O value with

12.36% service tax.

B) ICS fees for distance beyond 100 Kms between of

ICS office/Regional office & Bidders place of

manufacturing/Inspection :1.25% of P.O value with

12.36% service tax.

1.3 TAXES & DUTIES

1.3.1 If excise duty(ED)/ Sales tax is presently not applicable,

confirm whether the same will be borne by you in case

it become leviable later. Also please give reasons for

non application of ED / Sales tax

TO NOTE,CONFIRM &

SPECIFY

1.3.2 Wherever CENVAT can be availed by BPCL, Excise

duty shall be reimbursed by BPCL after receipt of

proper documents to avail CENVAT benefit

TO NOTE AND CONFIRM

1.3.3 Indicate the Tariff Number of the offered Item/s TO SPECIFY

1.3.4 Statutory variation in excise duty rate and Sales Tax

/VAT rate during contractual delivery period shall be to

BPCL account. Any increase in the rate of ED/sales

tax/VAT beyond CDD shall be to vendor’s account.

TO NOTE AND CONFIRM

1.3.5 Prices quoted shall exclude transit insurance charges

as the same shall be arranged by BPCL.

TO NOTE AND CONFIRM

1.4 TRANSPORTATION

1.4.1 The scope of the vendor includes transportation of all

the supplied items to the respective sites, through Bank

Approved Transporters

TO NOTE AND CONFIRM

1.5 DELIVERY PERIOD

Page 1



1.5.1 Indian Bidders shall deliver all the material to BPCL

Mumbai Refinery site at the earliest, but, in any case

not later than 4 months from the date of LOI / Purchase

Order. The reciept of the material at site shall be

considered as Delivery date for calculation of Price

reduction for delay.

TO NOTE AND CONFIRM

1.6 VALIDITY

1.6.1 Confirm quoted prices are valid for acceptance up to

90 days from the final due date / extended due date of

RFQ/ date of reverse auction as applicable .

TO NOTE AND CONFIRM

Page 2



1.6.2 On account of exigencies, if the bidder is requested to

extend the validity of their offer, the same should be

extended without any deviation including change in

price.

TO NOTE AND CONFIRM

1.6.3 Confirm quoted prices shall remain firm and fixed till

complete execution of order. Price Variation shall not

be considered on any account. Confirm compliance.

TO NOTE AND CONFIRM

1.7 PERFORMANCE BANK GUARANTEE

1.7.1 Confirm that you will furnish performance guarantee

bond for 10% of order value by way of Bank

Guarantee in the prescribed format from any

Scheduled Indian Bank as per clause 14 of General

Purchase Conditions (GPC) and as per format of PBG

attached. (Annexure-15)

TO NOTE AND CONFIRM

1.7.2 The PBG should be valid for a period of 24 months

from the date of supply (Guarantee period of 18

months from the date of supply + 6 months claim

lodging period) or 18 months from the date of

commissioning (Guarantee period of 12 months from

the date of commissioning + 6 months claim lodging

period) whichever is earlier. The PBG should be sent to

us directly by your Banker.

TO NOTE AND CONFIRM

1.8 PART ORDER

1.8.1 Part order shall be accepted without any stipulation of

minimum order value/ quantity. (However individual

quantities will not be split)

TO NOTE AND CONFIRM

1.8.2 In case of part order all lumpsum charges quoted extra

if any viz. Documentation, testing,packing, other

charges etc., can be considered on prorata value

TO NOTE AND CONFIRM

charges etc., can be considered on prorata value

basis. Confirm compliance.

1.9 PRICE REDUCTION SCHEDULE

1.9.1 Acceptance to price reduction for delay in delivery

beyond contractually agreed schedule @ ½% of

undelivered order value per week of delay or part

thereof, subject to a ceiling of 5% of total order value

as per Clause No. 20 of BPCL’s GPC.

TO NOTE AND CONFIRM

1.9.2 In case this point is not accepted by the vendor,

loading shall be done as per Clause 1.12.2

TO NOTE AND CONFIRM

1.10 PAYMENT TERMS

1.10.1 For Supply

1.10.1 100% within 30 days shall be paid after receipt and

acceptance of supplies and on submission of all

documents and also after submission of 10%

Performance Bank Guarantee.

TO NOTE AND CONFIRM

1.10.2 In the event of delay in delivery, payment shall be

released after deduction of price reduction mentioned

in 1.9.1 above.

TO NOTE AND CONFIRM

1.10.3 Excise duty, Service Tax shall be released only on

receipt of Cenvatable / vatable copy of corresponding

Invoice.

TO NOTE AND CONFIRM

1.10.4 No initial advance payment along with order shall be

made by Owner against supplies as well as services

(i.e., transportation, erection, site work etc.). If a

supplier insists on the same, the offer shall be rejected.

TO NOTE AND CONFIRM

1.10.5 Performance Bank Guarantee(s) shall be through

Nationalised/ Scheduled bank, as per pro-forma

enclosed.

TO NOTE AND CONFIRM

1.10.6 All payments shall be released as per GPC on receipt

of invoice and all requisite documents, complete in all

respects.

TO NOTE AND CONFIRM

1.10.7 All payments shall be released after receipt of invoice

and all requisite documents, complete in all respects.

TO NOTE AND CONFIRM

Page 3



1.10.8 In case, bidder does not agree to submit the PBG, 10%

payment shall be deducted and withheld till the

guarantee period.

TO NOTE AND CONFIRM

1.10.9 Non submission of Performance Bank Guarantee +

Non acceptance of withholding of 10% payment, Offer

shall be liable for rejection .

TO NOTE AND CONFIRM

1.10.10 All Bank Guarantees will be issued directly to BPCL by

the bank and Bidder shall enclose copy of the same

along with invoice.

TO NOTE AND CONFIRM

1.10.11 Bank charges shall be to respective Accounts TO NOTE AND CONFIRM

1.11 EVALUATION CRITERIA TO NOTE AND CONFIRM

Page 4



1.11.1 Bids shall be evaluated on the basis of landed cost

including Supply,all duties, and taxes, TPI charges

,loading on commercial deviations (if any) less Eligible

credit of Cenvat for supplies and Service Tax for

service portion.

TO NOTE AND CONFIRM

1.12 LOADING CRITERIA FOR COMMERCIAL

DEVIATION: The Indian Bids shall be loaded on

FOT Despatch Point prices.

TO NOTE AND CONFIRM

1.12.1 Deviation on Payment terms :

1.12.1.1 The differential payment terms offered by the vendor as

against our CRFQ terms shall be loaded at the rate of

13.25% for the applicable period.

TO NOTE AND CONFIRM

1.12.2 Deviation on Price Reduction for Delayed

Deliveries (Considering GPC clause of 0.5% per

week of delay- max 5% total order value) :

TO NOTE AND CONFIRM

1.12.2.1 In case the vendor does not accept the delayed

delivery clause or take exceptions to the % rate

mentioned in GPC, loading shall be done to the extent

of maximum of 5% on the total order value or the

differential % not agreed by the supplier

TO NOTE AND CONFIRM

1.12.3 Deviation on Performance Bank Guarantee:

1.12.3.1 If vendor does not accept to furnish Performance Bank

Guarantee, loading will be done for full amount for the

commercial evaluation of your offer.

TO NOTE AND CONFIRM

1.12.3.2 For differential Amount of PBG:Other than 10%: To be

loaded by percentage by which PBG is short of 10%.

TO NOTE AND CONFIRM

1.12.4 Indian taxes / duties:In case a supplier states that

taxes/duties are not applicable at present and will

be charged as applicable at the time of delivery then

his bid shall be loaded by the maximum rate of

taxes/duties applicable.

TO NOTE AND CONFIRM

1.12.5 Any other loading not explicitly covered above but as

required in the opinion of OWNER to bring the offers

on par shall also be considered for evaluation and

comparison.

TO NOTE AND CONFIRM

1.13 Confirm acceptance of BPCL’s `General Purchase

Conditions’ in toto.

TO NOTE AND CONFIRM

1.13.1 Indicate relationship with any of our Directors. TO NOTE AND CONFIRM

1.13.2 You are requested to furnish the following information

for e-payment:

a) Name of the vendor/contractor party

b) Account No. of the party

c) Bank & Branch Name where the above account is

maintained

d) Type of account (current/saving/cash credit A/c)

e) Branch code of the above bank branch

f) The 9 digit MICR code of the above branch (with is

printed in the cheques issued by the Branch available

with the A/c holder

TO NOTE AND CONFIRM

1.13.3 If the items are covered under DGS&D rate contract,

confirm that a copy of rate contract is enclosed with

your offer.

TO SPECIFY

Page 5


1.1 Confirm that the offer contains firm prices on

FOB International Port of Exit.

TO CONFIRM

1.2 All material are subject to inspection by

Third Party Inspection agency(TPI) Lloyd or

equivelent . Confirm that the firm TPI charges

has been quoted as percentage of the Ex

works price in the format for Taxes,duties

,TPI and freight and this TPI charges shall

remain firm through out the currency of the

contract.

TO NOTE AND CONFIRM

1.3 Indicate International Seaport/Airport of Exit TO SPECIFY

1.4 Confirm that the firm Ocean freight charges

has been quoted as percentage of the Ex

works price for ocean transportation to

Mumbai port in the format for Taxes,duties

TO NOTE AND CONFIRM

ANNEXURE-7

M/s ____________________________(Bidder)

Signature : ___________________________


(Mumbai Refinery )

Enquiry/CRFQ No. :1000166569

Offer No./Dt ____________________ (Bidder’s Ref.)

Tel. No. : _________________________

COMMERCIAL CONDITIONS (NON INDIAN BIDDERS)

Fax No. ___________________________ Official Seal : _________________________

Name : ______________________________

Mumbai port in the format for Taxes,duties

and freight and this freight charges shall

remain firm through out the currency of the

contract.1.5 BPCL reserves the option to place order on

FOB or on CFR (Mumbai Port) basis during

the currency of the contract.

TO NOTE AND CONFIRM

1.6 Service charges to shipping agencies shall be

borne by the vendor if order is converted on

CFR basis.

TO NOTE AND CONFIRM

1.7 Prices quoted must exclude transit insurance

charges from FOB International Port as the

same shall be arranged by the Purchaser.

However, transit insurance charges for inland

transit up to FOB International Port of exit

must be included by you in your prices.

TO NOTE AND CONFIRM

1.8 TAXES & DUTIES

1.8.1 All taxes, duties and levies of any kind

payable upto FOB International Port of exit

shall be borne by the bidder.

TO NOTE AND CONFIRM

1.8.2 Export permit/license if required shall be

Bidder’s responsibility & any expenditure

towards same will be borne by the Bidder.

TO NOTE AND CONFIRM

1.9 DELIVERY PERIOD

1.9.1 In case of order on FOB Basis, the FOB

delivery period for all the material under the

scope of the vendor shall be at the

earliest,but, not later than 3 months from the

date of LOI / Purchase Order. The date of bill

of lading shall be considered as Delivery date

for calculation of Price reduction for delay.

TO NOTE AND CONFIRM

Page 1



1.9.2 In case the order is converted to CFR basis,

delivery period for the BPCL Mumbai Refinery

site for allthe material required under the

scope of the vendor shall be at the earliest,

but, not later than 4 months from the date of

LOI / Purchase Order. The reciept of the

supplies at Kochi port shall be considered as

Delivery date for calculation of Price reduction

for delay.

TO NOTE AND CONFIRM

1.9.3 Furnish Country of origin from where the

goods have been offered.

TO SPECIFY

1.9.4 Certificate for Country of Origin shall

accompany the shipping documents

TO NOTE AND CONFIRM

1.10 CURRENCY OF QUOTE

1.8.1 Furnish the currency of quote. TO SPECIFY

1.8.2 Change in currency once quoted will not be

allowed. Confirm compliance.

TO NOTE AND CONFIRM

1.9 VALIDITY

1.9.1 Confirm quoted prices are valid for

acceptance up to up to 90 days from the final

due date of CRFQ / extended due date of

CRFQ/date of RA which ever applicable.

TO NOTE AND CONFIRM

1.9.2 On account of exigencies, if the bidder is

requested to extend the validity of their offer,

the same should be extended without any

deviation including change in price.

TO NOTE AND CONFIRM

1.9.3 Confirm quoted prices shall remain firm and

fixed till complete execution of order. Price

Variation shall not be considered on any

account. Confirm compliance.

TO NOTE AND CONFIRM

1.10 CONSIGNMENT DETAILS

1.10.1 Indicate shipping weight (net and gross) &

volume of the consignment.

TO SPECIFY

1.10.2 Vendor to provide Customs Tariff Number

(BTN Number) of the supplies.

TO SPECIFY

1.11 PERFORMANCE BANK GUARANTEE

1.11.1 Confirm that you will furnish performance

guarantee bond for 10% of order value

(Supply ) by way of Bank Guarantee in the

prescribed format from any Scheduled Indian

Bank as per clause 14 of General Purchase

Conditions (GPC) and as per format of PBG

attached. (Annexure-15)

TO NOTE AND CONFIRM

1.11.2 The PBG should be valid for a period of 24

months from the date of supply (Guarantee

period of 18 months from the date of supply +

6 months claim lodging period) or 18 months

from the date of commissioning (Guarantee

period of 12 months from the date of

commissioning + 6 months claim lodging

period) whichever is earlier. The PBG should

be sent to us directly by your Banker.

TO NOTE AND CONFIRM

1.12 PART ORDER

1.12.1 Confirm acceptance of part order without any

stipulation of minimum order value/ quantity.

(However individual quantities will not be split)

TO NOTE AND CONFIRM

Page 2



1.12.2 In case of part order confirm all lumpsum

charges quoted extra if any viz.

Documentation, testing,packing, crating,

handling, FOB charges etc., can be

considered on prorata value basis.

TO NOTE AND CONFIRM

1.13 PRICE REDUCTION SCHEDULE

1.13.1 Acceptance to price reduction for delay in

delivery beyond contractually agreed

schedule @ ½% of undelivered order value

per week of delay or part thereof, subject to a

ceiling of 5% of total order value as per

Clause No. 20 of BPCL’s GPC.

TO NOTE AND CONFIRM

1.13.2 In case this point is not accepted by the

vendor, loading shall be done as per Clause

1.16.2

TO NOTE AND CONFIRM

1.14 PAYMENT TERMS

1.14.1 For Supply

1.14.1.1 100% of the FOB value shall be paid through

an irrevocable letter of credit. The Letter of

credit shall be established only on receipt of

acceptance of BPCL’s Fax of acceptance

/Order along with submission of 10%

Performance Bank Guarantee.

TO NOTE AND CONFIRM

1.14.1.2 In the event of delay in delivery, payment

shall be released after making price reduction

from your bills and relevant clause in this

respect shall be inserted in L/C.

TO NOTE AND CONFIRM

1.14.1.3 In case the order is converted to CFR basis

with the transportation also being arranged

and paid by the bidder, the payment shall be

100% of the CFR Value.

TO NOTE AND CONFIRM

1.14.1.4 No initial advance payment along with order TO NOTE AND CONFIRM1.14.1.4 No initial advance payment along with order

shall be made by Owner against supplies as

well as services (i.e., transportation,etc.). If a

supplier insists on the same, the offer shall be

rejected.

TO NOTE AND CONFIRM

1.14.1.5 All Bank Guarantee(s) shall be issued through

Nationalised / Scheduled bank in India as per

pro-forma enclosed. All Bank Guarantees will

be issued directly to BPCL by the bank. In

case bank guarantee is issued by a branch of

bank situated outside India it should be

countersigned by a Scheduled Indian Bank.

TO NOTE AND CONFIRM

1.14.1.6 All bank charges and stamp duties payable

outside India in connection with payments

shall be borne by Supplier. All bank charges

and stamp duties payable in India shall be

borne by BPCL except L/C amendment

charges for delays in delivery and

confirmation charges for confirmed L/C shall

be borne by Supplier.

TO NOTE AND CONFIRM

1.14.1.7 In case, bidder does not agree to submit the

PBG, 10% payment shall be deducted and

withheld till the guarantee period.

TO NOTE AND CONFIRM

1.14.1.8 Non submission of PBG + Not accepting

withholding of 10% payment: Offer shall be

liable for rejection .

TO NOTE AND CONFIRM

1.14.1.9 Bidder to provide the bank details, Swift code

etc for the above purposes along with the

unpriced part of the bid

TO NOTE AND CONFIRM

Page 3



1.15 EVALUATION CRITERIA

1.15.1 Quoted prices in foreign currency shall be

considered for evaluation. Currency selling

rate as on the date previous to the date of

opening of the price bid shall be considered

for conversion for comparison of the quotes.

TO NOTE AND CONFIRM

1.15.2 Bids shall be evaluated on the basis of landed

cost at site which includesThird party

inspection ,Freight, all taxes and duties, etc

along with Letter of credit opening charges as

applicable, loading on commercial deviations

(if any) less eligible credit for Cenvat for

supplies.

TO NOTE AND CONFIRM

1.15.2.1 F.O.B. Price:As quoted by the bidder inclusive

of Packing & forwarding charges, inland

freight up to port of exit, Third Party

Inspection charges, etc.

TO NOTE AND CONFIRM

1.15.2.2 Add Ocean freight:Firm freight as quoted by

bidders.

TO NOTE AND CONFIRM

1.15.2.3 Add Marine insurance: @ 0.5% of FOB

price.

TO NOTE AND CONFIRM

1.15.2.4 Add Customs Duty:Prevailing rate on (CIF

value plus Landing Charges @ 1% of CIF

Value).

TO NOTE AND CONFIRM

1.15.2.5 Add Port handling charges:@ 2% of CIF

value.

TO NOTE AND CONFIRM

1.15.2.6 Add Inland freight charges from Port of Entry

in India to project site(s):Percentage of landed

TO NOTE AND CONFIRM

in India to project site(s):Percentage of landed

cost, i.e., S. No. 1 to 5 @1% For KR/MR.

1.15.2.7 Octroi/Entry Tax Charges, If any:Percentage

of landed cost, as applicable, i.e., S. No. 1 to

6.

TO NOTE AND CONFIRM

1.15.2.8 Add L/C and other Charges:@ 1% of FOB

Price.

TO NOTE AND CONFIRM

1.15.2.9 Commercial Loadings, If any:On FOB value. TO NOTE AND CONFIRM

1.15.2.10 Less Cenvatable Duties. TO NOTE AND CONFIRM

1.15.2.11 FOT SITE PRICE:Sum (1 to 9) - less (10) TO NOTE AND CONFIRM

1.16 LOADING CRITERIA FOR COMMERCIAL

DEVIATION: The Foreign Bids shall be

loaded on FOB Port of Exit prices

1.16.1 Deviation on Payment terms :

.1.16.1.1 Foreign suppliers shall not be permitted to

offer differential payment terms as against the

terms specified in the CRFQ/ GPC and in

case they insist, their offer shall be rejected.

TO NOTE AND CONFIRM

1.16.2 Deviation on Price Reduction for Delayed

Deliveries (Considering GPC clause of

0.5% per week of delay- max 5% total order

value) :

1.16.2.1 In case the vendor does not accept the

delayed delivery clause or take exceptions to

the % rate mentioned in GPC, loading shall

be done to the extent of maximum of 5% on

the total order value or the differential % not

agreed by the supplier

TO NOTE AND CONFIRM

Page 4



1.16.3 Deviation on Performance Bank

Guarantee:

1.16.3.1 If vendor does not accept to furnish

Performance Bank Guarantee, loading will be

done for full amount for the commercial

evaluation of your offer.

For differential Amount of PBG:Other than

10%: To be loaded by percentage by which

PBG is short of 10%.

Any other loading not explicitly covered above

but as required in the opinion of OWNER to

bring the offers on par shall also be

considered for evaluation and comparison.

GENERAL

1.17 Confirm acceptance of BPCL’s `General

Purchase Conditions’ in toto.

TO NOTE AND CONFIRM

1.18 Indicate relationship with any of our

Directors.

TO SPECIFY

INDIAN AGENT

1.19 Confirm if Indian agent is involved. Please

specify the name and details of the Indian

agent.

TO NOTE,CONFIRM &

SPECIFY

1.19.1 The commission payable to Indian agents, if

any, in Indian Rupees in terms of agreement

(enclosing the copy of the same) shall be paid

as per government guidelines prevailing for

such payments

TO NOTE AND CONFIRM

1.19.2 The commission to be paid to Indian agents

shall be made in Indian Rupees only based

on the exchange rate prevailing on the day of

TO NOTE AND CONFIRM

on the exchange rate prevailing on the day of

price bid opening and would not be subject to

exchange rate variation.

Page 5



1.19.3 The tenderers should also furnish the

following particulars of the Indian

agents/associates/and/or the foreign firms.

1) Name & address of the Indian agent, if any.

2) Confirmation that the Indian agent is

registered with the Directorate General of

Supplies & Disposals (DGS&D), New Delhi

(enclosing a copy of their valid registration

certificate).

3) If your Indian agent is not registered with

DGS&D, New Delhi, confirm that they will get

themselves registered with them immediately

and forward a copy of the same.

4) Agency commission payable, if any, shall

be paid in Indian Rupees only after receipt of

material at site subject to furnishing a valid

Registration Certificate from DGS&D, New

Delhi.

5) The precise relationship between the

foreign manufacturer/ principals & their Indian

Agents/Associate;

6) The mutual interests which the

manufacturer/principals and the Indian

agents/associates have in the business of

each other.

7) Any payment which the agent/associate

receives in India or abroad from the

manufacturer/principal whether as a

commission for the contract or as a general

retainer fee

8) Indian agent’s Income Tax PAN.

9) The foreign supplier’s Income Tax PAN

TO SPECIFY

Page 6

ANNEXURE-8

(CRFQ 1000166569) DEVIATION FORM (COMMERCIAL)

Name of vendor: Schedule of Deviations in reference to COMMERCIAL TERMS AND CONDITIONS 1. Vendor may give here a consolidated list of Commercial deviations for all

sections of the tender document, which for an appropriate offer is considered unavoidable by him.

2. Deviations mentioned elsewhere in the offer shall not be taken cognizance by the COMPANY and any such deviations if indicated elsewhere other than this form will render the offer non-responsive and shall liable to be rejected.

3. Vendor shall state the reasons for the deviations in the `Remark' column. 4. All other clauses of the COMMERCIAL TERMS AND CONDITIONS (not

mentioned in this form) shall be deemed to be fully complied by the PCMS vendor

5. Only the deviations listed herein, in conjunction with the COMMERCIAL TERMS AND CONDITIONS, shall constitute the contract requirements for the award of job to the vendor.

Sr. No.

Annexure- No.

Clause No.

Commercial terms and conditions

Deviations Remarks

1 2 3 4 5 6

Vendor Signature of the authorized signatory : Name of the authorized signatory : Stamp & Date :

Page 1

Signature : ______________________

Name : _________________________

Official Seal : ____________________

Vendor shall provide % rates against each item in response column. If any of the conditions are not applicable ve

specify Nil/NA

(Mumbai Refinery )

FORMAT FOR PROVIDING FREIGHT TAXES, DUTIES ETC (INDIAN BIDDERS


ANNEXURE-9

Fax No. ___________________________


Offer No./Date ________________________(Bidder’s Ref.)

Tel. No. : _________________________

M/s ____________________________

S No Commercial conditions description Vendor's Action

2.1.1 P&F Charges (% on Ex works price) Vendor to specify

2.1.2 Excise Duty with Cess (%) Vendor to specify

2.1.3 VAT (%) OR Vendor to specify

2.1.4 CST extra with C Form (%) OR Vendor to specify

2.1.5 CST extra without C Form (%) Vendor to specify

2.1.6 Freight charges including service Tax (%) Vendor to specify

2.1.7 Octroi with Service charges (%) Vendor to specify

2.1.8 Third Party Inspection charges Vendor to specify

2.1.9 Any other charges/Taxes (%) Vendor to specify

specify Nil/NA

Vendor's re

Page 1

M/s ____________________________(Bidder)

Signature : ___________________________

Name : ______________________________

Official Seal : _________________________

S No Commercial conditions description Vendor's Action Vendor's response

2.1.1 P&F Charges (% on Ex works price) Vendor to specify

2.1.2 Inland transportation charges to FOB Port of exit (% on Ex

works price)

Vendor to specify

2.1.3 FOB Charges (% on Ex works price) Vendor to specify

2.1.4 Third Party Inspection Charges (% on Ex Works Price ) Vendor to specify

2.1.5 Ocean Freight Charges (% on Ex works price) Vendor to specify




Fax No. ___________________________



FORMAT FOR PROVIDING FREIGHT TAXES, DUTIES ETC (NON INDIAN BIDDERS).Vendor shall provide % rates against each item in response column. If any of the conditions are not applicable vendor to specify Nil/NA

ANNEXURE-10

Offer No./Date_____ ____________________(Bidder’s Ref.)

Tel. No. : _________________________

(Mumbai Refinery )

Page 1

Official Seal : _________________

S No Description of Item

1.0 Currency: Indian Rupees

2.0

2.1 Item 010- 74.42.15.375.5 -PIPE CS IS3589

ANNEXURE-11

(Mumbai Refinery )

M/s __________________(Bidder)



Offer No./Date____________________(Bidder’s Ref.)

PRICED BID FORMAT (INDIAN BIDDERS)VENDOR TO SUBMIT THIS FORMAT WITH UNPRICED BID MENTIONING "QUOTED" OR "NOT

QUOTED" AS THE CASE MAY BE. NO PRICES SHALL BE MENTIONED IN THIS DOCUMENT

Name : _______________________Tel. No. : ________ _____________

Fax No. ___________ ___________

Signature : ___________________

Ex works Price per Meter

(Figures and in words)Meters

1300

Qty

SUPPLY ITEMS:

2.1 Item 010- 74.42.15.375.5 -PIPE CS IS3589

GR.FE.410 WLD 300NB 6.35 Thk as per Annexure

4,4A and the complete scope of the tender.

2.2 Item 020-74.42.15.385.5-PIPE CS IS3589



2.3 Item 030-74.42.15.422.5 - PIPE CS IS3589

GR.FE.410 WLD 400NB 12 Thk as per Annexure


2.4 Item 040-74.42.15.490.7 -PIPE CS IS3589

GR.FE.320 BLK. ERW 8 MM 450 NB as per

Annexure 4,4A and the complete scope of the

tender.

2.5

Item 050-74.42.15.514.7- PIPE CS IS3589



2.6 Item 060-6. 74.42.15.602.7- PIPE CS IS3589

GR.FE.320 WLD 650NB 10 thk per Annexure 4,4A

and the complete scope of the tender.

2.7 Item 070-74.42.15.574.7- PIPE CS IS3589

GR.FE.320 WLD 600NB 8 thk as per Annexure

4,4A and scope of the tender.

524

150

3000

13300

430

3200

1300

Page 1


PRICED BID FORMAT (INDIAN BIDDERS)VENDOR TO SUBMIT THIS FORMAT WITH UNPRICED BID MENTIONING "QUOTED" OR "NOT




Qty

2.8 Item 080-8. 74.42.15.526.7- PIPE CS IS3589



100

Page 2

Official Seal : _________________


1.0 Currency of Quote:

2.0

2.1 Item 010- 74.42.15.375.5 -PIPE CS IS3589


Fax No. ___________ ___________

(In Figures and in words)

1300

Qty

ANNEXURE-12

(Mumbai Refinery )

M/s __________________(Bidder)

Signature : ___________________

Name : _______________________




Tel. No. : ________ _____________


SUPPLY ITEMS:

Meters

PRICED BID FORMAT (NON INDIAN BIDDERS)VENDOR TO SUBMIT THIS FORMAT WITH UNPRICED BID MENTIONING "QUOTED" OR "NOT




2.2 Item 020-74.42.15.385.5-PIPE CS IS3589



2.3 Item 030-74.42.15.422.5 - PIPE CS IS3589



2.4 Item 040-74.42.15.490.7 -PIPE CS IS3589



tender.

2.5

Item 050-74.42.15.514.7- PIPE CS IS3589



2.6 Item 060-6. 74.42.15.602.7- PIPE CS IS3589



2.7 Item 070-74.42.15.574.7- PIPE CS IS3589



2.8 Item 080-8. 74.42.15.526.7- PIPE CS IS3589



3200

524

150

100

3000

13300

430

Page 1

S No Description of Item Qty Ex works Price per Meter

Meters

PRICED BID FORMAT (NON INDIAN BIDDERS)VENDOR TO SUBMIT THIS FORMAT WITH UNPRICED BID MENTIONING "QUOTED" OR "NOT


Page 2

Page 1 of 23

Bharat Petroleum Corporation Limited Annexure-13

General Purchase Conditions

The following conditions shall be applicable for all procurement unless specifically

mentioned in the Special Purchase Conditions.

INDEX

1. DEFINITIONS

2. REFERENCE FOR DOCUMENTATION

3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER

4. LANGUAGE OF BID

5. PRICE

6. TAXES AND DUTIES

7. INSPECTION

8. SHIPPING

9. INDIAN AGENT COMMISSION

10. ORDER AWARD / EVALUATION CRITERIA

11. CONFIRMATION OF ORDER

12. PAYMENT TERMS

13. GUARANTEE/WARRANTY

14. PERFORMANCE BANK GUARANTEE

15. PACKING & MARKING

16. DELIVERY

17. UNLOADING AND STACKING

18. TRANSIT INSURANCE

19. VALIDITY OF OFFER

20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE

21. RISK PURCHASE CLAUSE

22. FORCE MAJEURE CLAUSE

23. ARBITRATION CLAUSE

24. INTEGRITY PACT (IP)

25. RECOVERY OF SUMS DUE

26. CONFIDENTIALITY OF TECHNICAL INFORMATION

27. PATENTS & ROYALTIES

28. LIABILITY CLAUSE

29. COMPLIANCE OF REGULATIONS

30. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT

31. NON-WAIVER

32. NEW & UNUSED MATERIAL

33. PURCHASE PREFERENCE CLAUSE

34. CANCELLATION

35. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION

36. ASSIGNMENT

37. GOVERNING LAW

38. AMENDMENT

39. SPECIAL PURCHASE CONDITIONS

40 NOTICES

Page 2 of 23

Bharat Petroleum Corporation Limited

General Purchase Conditions

1. DEFINITIONS :

The following expressions used in these terms and conditions and in the purchase order

shall have the meaning indicated against each of these:

1.1. OWNER: Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise), a Company incorporated in India having its registered office at Bharat

Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400038 and shall include its

successors and assigns (hereafter called BPCL as a short form).

1.2. VENDOR: Vendor means the person, firm or the Company / Corporation to whom this

Request for quotation (RFQ)/purchase order is issued and shall include its successors and

assigns.

1.3. INSPECTOR: Person/agency deputed by BPCL for carrying out inspection,

checking/testing of items ordered and for certifying the items conforming to the purchase

order specifications..

1.4. GOODS / MATERIALS: means any of the articles, materials, machinery, equipments,

supplies, drawing, data and other property and all services including but not limited to

design, delivery, installation, inspection, testing and commissioning specified or required

to complete the order.

1.5. SITE / LOCATION: means any Site where BHARAT PETROLEUM CORPORATION

LTD. desires to receive materials any where in India as mentioned in RFQ.

1.6. “RATE CONTRACT” means the agreement for supply of goods/ materials between

Owner and Vendor, for a fixed period of time (i.e till validity of Rate Contract, with no

commitment of contractual quantity) on mutually agreed terms and conditions. The actual

supply of goods/ materials shall take place only on issue of separate purchase orders for

required quantity as and when required by Owner.

1.7. “FIRM PROCUREMENT” means the agreement between the parties for mutually

agreed terms and conditions with commitment of Quantity Ordered.

2. REFERENCE FOR DOCUMENTATION :

2.1. The number and date of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract / Purchase Order.

Page 3 of 23

2.2. After finalization of Contract / Purchase Order: The number and date of Rate Contract /

Purchase Order must appear on all correspondence, drawings, invoices, dispatch advices,

(including shipping documents if applicable) packing list and on any documents or papers

connected with this order.

2.3. In the case of imports, the relevant particulars of the import Licence shall be duly indicated

in the invoice and shipping documents as well as on the packages or consignments.

3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER :

The right to accept the tender will rest with the Owner.

4. LANGUAGE:

The Bid and all supporting documentation and all correspondence whatsoever exchanged

by Vendor and Owner, shall be in English language only.

5. Price :

Unless otherwise agreed to the terms of the RFQ, price shall be :

Firm and no escalation will be entertained on any ground, except on the ground of

statutory levies applicable on the tendered items.

6. TAXES AND DUTIES :

All vendors shall have VAT / CST/GST/Service tax registration in the concerned State

and vendor shall quote their TIN number in the quotation.

6.1. EXCISE DUTY :

6.1.1. Excise duty extra as applicable at the time of delivery within scheduled delivery period

will be payable by BPCL against documentary evidence. Vendor shall mention in their

offer, the percentage of excise duty applicable at present. Any upward variation in excise

duty rates, beyond the contractual delivery period, shall be to vendor’s account.

6.1.2. In case Excise Duty is not applicable at present : Excise duty due to change in turn over is

not payable. If applicable in future, the same will be borne by vendor.

6.1.3. Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty / Cess should be quoted separately wherever

applicable.

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice

(transporter’s copy) at the time of delivery of goods at owner’s site.

Page 4 of 23

6.2. SALES TAX / VAT/GST :

6.2.1. Sales Tax as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL. Vendor shall give details of local sales tax and/oror central sales tax

currently applicable in their offer. The rates applicable for “CST without form C”, “CST

with form C" and “VAT” shall be clearly indicated.

6.2.2. Input VAT Credit may be claimed by BPCL, wherever applicable. Vendor shall submit

the TAX invoice.

6.3 Service tax :

All vendors shall have service tax registration wherever applicable. BPCL may also

claim CENVAT Credit on service tax. The vendor should quote service tax separately, if

applicable. Vendor shall submit the TAX invoice. Vendor is required to furnish serially

numbered and signed invoice / bill / challan containing the following details:

a) Name, address and registration number of the service provider

b) Name and address of person receiving taxable service

c) Description, classification and value of taxable service provided

d) Service Tax Payable

6.4 FREIGHT AND OCTROI :

6.4.1 Freight: Firm freight charges to be quoted as indicated in the Tender documents. Freight

shall be payable after receipt of the Material(s) at the site, unless otherwise specified.

6.4.2. Octroi and entry taxes, if any, shall be invoiced separately and shall be re-imbursed by

BPCL at actuals after receipt of the Material(s) at the Site against the submission of

original documentary evidence for proof of payment of the related octroi and entry taxes,

as the case may be.

6.5. NEW STATUTORY LEVIES :

All new statutory levies leviable on sale of finished goods to owner , if applicable are

payable extra by BPCL against documentary proof, within the contractual delivery

period.

6.6 Variation in Taxes/Duties

Any increase/decrease in all the above mentioned statutory levies on the date of delivery

during the scheduled delivery period on finished materials will be on BPCL's account.

Any upward variation in statutory levies after contractual delivery date shall be to

vendor’s account.

7. INSPECTION :

7.1. Materials shall be inspected by BPCL approved third party inspection agency if

applicable before dispatch of materials. However, arranging and providing inspection

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facilities is entirely vendor’s responsibility and in no way shall affect the delivery

schedule.

7.2. Scope of Inspection shall be as per RFQ. Our registered third party inspection agencies

are SGS/GLISPL/IRS/DNV/LRIS/EIL/TATA Projects/PDIL/ULIPL/RITES

LTD/ITSIPL as amended time to time unless otherwise specified in the Special Purchase

Conditions.

7.3. Unless otherwise specified, the inspection shall be carried out as per the relevant

standards/scope of inspection provided alongwith the Tender Enquiry/Purchase Order.

7.4. BPCL may, at its own expense, have its representative(s) witness any test or inspection.

In order to enable BPCL’s representative(s) to witness the tests/inspections. BPCL will

advise the Vendor in advance whether it intends to have its representative(s) be present at

any of the inspections.

7.5. Even if the inspection and tests are fully carried out, the Vendor shall not be absolved

from its responsibilities to ensure that the Material(s), raw materials, components and

other inputs are supplied strictly to conform and comply with all the requirements of the

Contract at all stages, whether during manufacture and fabrication, or at the time of

Delivery as on arrival at site and after its erection or start up or consumption, and during

the defect liability period. The inspections and tests are merely intended to prima-facie

satisfy BPCL that the Material(s) and the parts and components comply with the

requirements of the Contract. The Vendor’s responsibility shall also not be anywise

reduced or discharged because BPCL or BPCL’s representative(s) or Inspector(s) shall

have examined, commented on the Vendor’s drawings or specifications or shall have

witnessed the tests or required any chemical or physical or other tests or shall have

stamped or approved or certified any Material(s).

7.6. Although material approved by the Inspector(s), if on testing and inspection after receipt

of the Material(s) at the location, any Material(s) are found not to be in strict conformity

with the contractual requirements or specifications, BPCL shall have the right to reject

the same and hold the Vendor liable for non-performance of the Contract.

8. SHIPPING :

8.1 SEA SHIPMENT :

All shipment of materials shall be made by first class direct vessels, through the

chartering wing, Ministry of Surface Transport as per procedure detailed hereunder. The

Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper

storage of the entire Cargo intended for the project in a specific manner so as to faciliate

and to avoid any over carriage at the port of discharge. All shipment shall be under deck

unless carriage on deck is unavoidable.

The bills of lading should be made out in favour of `Bharat Petroleum Corporation Ltd..

or order'.

All columns in the body of the Bill of Lading namely marks and nos., material

description, weight particulars etc., should be uniform and accurate and such statements

should be uniform in all the shipping documents. The freight particulars should mention

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the basis of freight tonnage, heavy lift charges, if any, surcharge, discount etc. clearly and

separately. The net total freight payable shall be shown at the bottom.

SHIPPING DOCUMENTS :

All documents viz. Bill of Lading, invoices, packing list, freight memos, country of

origin certificates, test certificate, drawings and catalogues should be in English

language.

In addition of the bill of lading which should be obtained in three stamped original plus

as many copies as required, invoices, packing list, freight memos,(if the freight

particulars are not shown in the bills of lading), country of origin certificate, test /

composition certificate, shall be made out against each shipment in as many number of

copies as shown below.

The bill of lading, invoice and packing list specifically shall show uniformly the mark

and numbers, contents case wise, country of origin, consignees name, port of destination

and all other particulars as indicated under clause 2. The invoice shall show the unit

rates and net total F.O.B. prices. Items packed separately should also be invoiced and the

value shown accordingly. Packing list must show apart from other particulars actual

contents in each case, net and gross weights and dimensions, and the total number of

packages. All documents should be duly signed by the Vendor's authorised

representatives.

In the case of FOB orders, Shipping arrangements shall be made by the Chartering Wing

Of the Ministry of Surface Transport, New Delhi through their respective forwarding

agents. The names and addresses of forwarding agents shall be as per Special Purchase

Conditions. Supplier shall furnish to the respective agents the full details of consignments

such as outside dimension, weights (both gross and net) No of packages, technical

description and drawings, name of supplier, ports of loading, etc. 6 weeks notice shall be

given by the supplier to enable the concerned agency to arrange shipping space.

The bill of lading shall indicate the following :

Shipper : Goverment of India

Consignee : Bharat Petroleum Corporation Ltd.

In case of supplies from USA, Export Licences, if any required from the American

Authorities shall be Obtained by the U.S. Suppliers. If need be assistance for obtaining

such export licences would be available from India Supply Mission at Washington.

8.2 AIRSHIPMENT :

In case of Airshipment, the materials shall be shipped through freight consolidator

(approved by us). The airway bill shall be made out in favour of BHARAT

PETROLEUM CORPORATION LTD.

TRANSMISSION OF SHIPPING DOCUMENTS :

Page 7 of 23

Foreign Supplier shall obtain the shipping documents in seven complete sets including

three original stamped copies of the Bill of Lading as quickly as possible after the

shipment is made, and airmail as shown below so that they are received at least three

weeks before the Vessels arrival. Foreign Supplier shall be fully responsible or any delay

and / or demurrage in clearance of the consignment at the port due to delay in

transmittal of the shipping documents.

If in terms of letter or otherwise, the complete original set of documents are required to

be sent to BPCL through Bank the distribution indicated below will confine to copies of

documents only minus originals.

Documents BPCL (Mumbai)

Bill of Lading 4 (including 1 original)

Invoice 4

Packing List 4

Freight Memo 4

Country of Origin Certificate 4

Third party inspection certificate 4

Drawing 4

Catalogue 4

Invoice of Third Party 4

for inspection charges whenever applicable.

9. INDIAN AGENT COMMISSION :

Any offer through Indian agents will be considered only after authorization mentioning

them as Indian agents, is received from Vendor. Indian agents commission if applicable

will be payable only in Indian currency. Indian agents should be registered with

Directorate General of Supplies and Disposals, Government of India and agency

commission will be payable only after registration with DGS&D, New Delhi.

10. ORDER AWARD / EVALUATION CRITERIA :

Unless otherwise specified, Order award criteria will be on lowest quote landed price

basis. Landed price will be summation of Basic Price, Packing & Forwarding Charges,

Excise Duty, Sales Tax, Freight, Inspection, Octroi, Supervision of Installation &

Commissioning and other taxes & levies, loading etc, if any, reduced by cenvat/vat credit

as applicable.

11. CONFIRMATION OF ORDER :

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing

the same. The vendor shall sign, stamp the acknowledgement copy of the purchase order

and return the same to BPCL.

12. PAYMENT TERMS :

12.1. Unless otherwise specified, 100% payment shall be made within 30 days from date of

receipt and acceptance of materials at Site against submission of Peformance Bank

Guarantee (PBG) for 10% of basic order value if PBG is applicable for the tender.

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12.2. In the case of imports, payment will be made on submission of original documents

directly to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-

CAD) or through irrevocable Letter of Credit.

12.3. Unless otherwise mentioned, the specified documents (All documents listed below (one

original and two copies)) should be submitted to originator of P.O. (the name and contact

details of whom are given in PO) and payments for despatches will be made by the

originator of Purchase Order :

a) Invoice

b) Excise invoice

c) The Lorry Receipt of the consignment

d) Packing list for the consignment

e) Third Party Inspector’s Certificate covering the invoiced Material(s)/ Release

Note, wherever applicable

f) Manufacturers Test/Composition Certificate, wherever applicable

g) Drawing(s)/Catalogue(s) covering the Material(s) , wherever applicable

h) Guarantee/Warranty Certificate(s), wherever applicable.

i) Original Receipt for Octroi/other statutory levies as applicable.

j) Performance Bank Guarantee as applicable.

13. GUARANTEE/WARRANTY :

13.1. Materials shall be guaranteed against manufacturing defects, materials, workmanship and

design for a period of 12 months from the date of commissioning or 18 months from the

date of dispatch whichever is earlier. Warranty for replacement of material / accessories

should be provided free of charges at our premises. The above guarantee/warranty will

be without prejudice to the certificate of inspection or material receipt note issued by us

in respect of the materials.

13.2. All the materials including components and sub contracted items should be guaranteed by

the vendor within the warranty period mentioned above. In the event of any defect in the

material, the vendor will replace / repair the material at BPCL’s concerned location at

vendor’s risk and cost on due notice.

13.3. In case, vendor does not replace / repair the material on due notice, rejected material will

be sent to the vendor on “Freight to pay” basis for free replacement. Material after

rectification of defects shall be dispatched by the vendor on “Freight Paid” basis.

Alternatively, BPCL reserves the right to have the material repaired / replaced at the

locations concerned, at the vendor’s risk, cost and responsibility.

13.4. The Vendor shall provide similar warrantee on the parts, components, fittings,

accessories etc. so repaired and / or replaced.

14. PERFORMANCE BANK GUARANTEE :

14.1. Vendor will have to provide Performance Bank Guarantee for 10% of the basic value of

purchase order unless otherwise specified. This bank guarantee shall be valid (shall

remain in force) for guarantee period (as mentioned in the guarantee clause), with an

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invocation period of six months thereafter. In the case of Indigenous vendors, the

Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate

value (currently Rs 100). PBG format is as per Annexure I.

In case, PBG is not provided by the Vendor, 10% of the basic value shall be retained in

lieu of PBG, till the expiry of guarantee and claim period.

In the case of imports, the Supplier shall furnish the Performance Bank Guarantee (as per

Annexure I) through the following :

a) Branches of Indian scheduled banks operating in their Country.

b) Foreign bank operating in their Country which is counter guaranteed by branches of

Indian scheduled banks operating in their Country/India.

c) Indian branches of foreign banks.

d) Foreign bank operating in their Country counter guaranteed by their Indian branch

However, in respect of c) and d) above, the Indian branch of foreign banks should be

recognized as scheduled bank by Reserve Bank of India.

14.2. If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG

(i.e. PBG issued against every purchase/call off order) then the validity of PBG will be

calculated as mentioned below :

14.2.1. Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate

Contract Period (validity of Rate Contract) + Contractual Delivery Period of material +

Contractual Guarantee period + 6 month (for invocation / Claim).

15. PACKING & MARKING :

15.1 PACKING :

15.1.1 Packing shall withstand the hazards normally encountered with the means of transport

for the goods of this purchase order including loading and unloading operation both by

crane and by pushing off.

In the case of imports, all equipments / materials shall be suitably packed in weather

proof, seaworthy packing for ocean transport under tropical conditions and for rail or

road or other appropriate transport in India. The packing shall be strong and efficient

enough to ensure safe preservance upto the final point of destination.

Raw/Solid wood packaging material of imported items has to be appropriately treated &

marked as per International Standard of Phytosanitary Measures (ISPM-15") for material

originating from the contracting countries to the International Plant Protection

Convention or the members of Food & Agriculture Organization. Material from non-

contracting parties would have to be accompanied by a phytosanitary certificate of the

treatment endorsed. The Custom Officer at Indian Port shall not release the material

without appropriate compliance of the above provisions w.e.f. 01.11.2004.

15.1.2 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of J.R.A. Good Tariff

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Part-I. All packaging shall be done in such a manner as to reduce volume as much as

possible.

15.1.3 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words "HANDLE WITH CARE GLASS

FRAGILE, DON'T ROLL THIS END UP. THIS END DOWN," to be indicated by

arrow.

15.1.4 Chemicals in powder form, catalyst, refractories and like materials etc. shall be packed in

drums, cans and tins only. However, Catalyst may be supplied in Jumbo bags.

15.1.5 The hazardous materials shall be packed in accordance with the applicable rules,

regulations and tariff of all cognizant Government Authorities and other Governing

bodies. It shall be the responsibility of the seller of hazardous materials to designate the

material as hazardous and to identify each material by its proper commodity name and its

hazardous material class code.

15.1.6 All package requiring handling by crane should have sufficient space at appropriate place

to put sling of suitable dia (strength). Iron/Steel angle should be provided at the place

where sling marking are made to avoid damage to package/ equipment while lifting.

15.1.7 Item shipped in bundles must be securely tied with steel wire or strapping. Steel

reinforcing rods, bars, pipes, structural members etc. shall be bundled in uniform lengths

and the weight shall be within the breaking strength of the securing wire or strapping.

In the case of imports, for bundles the shipping marks shall be embossed on metal or

similar tag and wired securely on each end.

15.1.8 All delicate surface on equipment/materials should be carefully protected and printed

with protective paint/compound and wrapped to prevent rusting and damage.

15.1.9 All mechanical and electrical equipment and other heavy articles shall be securely

fastened to the case bottom and shall be blocked and braced to avoid any

displacement/shifting during transit.

15.1.10 Attachments and spare parts of equipment and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should

be sent along with the main equipment. Each item shall be suitably tagged with

identification of main equipment, item denomination and reference number of respective

assembly drawing. Each item of steel structure and furnaces shall be identified with two

erection markings with minimum lettering height of 15mm. Such markings will be

followed by the collection numbers in indelible ink/paint. A copy of the packing list shall

accompany the materials in each package.

15.1.11 All protrusions shall be suitably protected by providing a cover comprising of tightly

bolted wooden disc on the flanges. All nozzles, holes and openings and also all delicate

surfaces shall be carefully protected against damage and bad weather. All manufactured

surfaces shall be painted with rust proof paint.

In the case of imports, for bulk uniform material when packed in several cases,

progressive serial numbers shall be indicated on each case.

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15.1.12 Wherever required, equipment/materials instruments shall be enveloped in polythene

bags containing silicagel or similar dehydrating compound.

15.1.13 Pipes shall be packed as under:

a. Upto 50mm NB in wooden cases/crates.

b. Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum

three places.

c. Above 100mm NB in loose.

15.1.14 Pipes and tubes of stainless steel, copper etc. shall be packed in wooden cases

irrespective of their sizes.

15.1.15 Pipes with threaded or flanged ends shall be protected with suitable caps covers, before

packing.

In the case of imports, all pipes and sheets shall be marked with strips bearing

progressive no.

15.1.16 Detailed packing list in waterproof envelope shall be inserted in the package together

with equipment/materials. One copy of the detailed packing list shall be fastened outside

of the package in waterproof envelope and covered by metal cover.

15.1.17 The supplier shall be held liable for all damages or breakages to the goods due to the

defective or insufficient packing as well as for corrosion due to insufficient protection.

15.1.18 Packaged equipment or materials showing damage defects or shortages resulting from

improper packaging materials or packing procedures or having concealed damages or

shortages, at the time of unpacking shall be to the supplier’s account.

All packages which require special handling and transport should have their Centres of

Gravity and the points at which they may be slung or gripped clearly indicated and

marked “ATTENTION SPECIAL LOAD HANDLE WITH CARE” both in

English/Hindi Languages.

In the case of imports, a distinct colour splash in say red black around each package crate

/ bundle shall be given for identification. 15.1.19 Along with the packed material, supplier should attach material list, manuals/instructions

and also the Inspection certificate/release note, wherever applicable.

15.2. MARKING :

The following details to be written on the side face of packing:

a) Purchase Order Number

b) Vendor Name

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c) Batch no with Manufacturing date

d) Procedure (in brief) for handling

e) Date of dispatch etc.

15.3 Imported items :

On three sides of the packages, the following marks shall appear, clearly visible, with

indelible paint and on Vendor's care and expenses.


(With detailed address as given in Special Purchase Conditions)

From :

To : Bharat Petroleum Corpn.Ltd.

(With detailed address as given in Special Purchase Conditions)

Order no. Rev. no.

Item :

Equipment Nomenclature :

Net weight : Kgs.

Gross weight : Kgs.

Case No. of Total cases :

Dimensions :

Import Licence No.

NOTE :

Marking shall be bold - minimum letter height 5 cm. For every order and every

shipment, packages must be marked with serial progressive numbering.

Top heavy containers shall be so marked either Top Heavy or Heavy Ends.

When packing material is clean and light coloured, a dark black stencil paint shall be

acceptable. However, where packaging material is soiled or dark, a coat of flat zinc

white paint shall be applied and allowed to dry before applying the specific markings.

In case of large equipments like vessels, heat exchangers, etc. the envelope containing the

documents shall be fastened inside a shell connection, with an identifying arrow sign

"documents" using indelible paint.

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16. DELIVERY :

16.1. Unless otherwise mentioned, Vendor is requested to quote their best delivery schedule

from the date of receipt of Purchase order.

16.2. Time being the essence of this contract, the delivery mentioned in the purchase order

shall be strictly adhered to and no variation shall be permitted except with prior

authorization in writing from the Owner. Goods should be delivered, securely packed and

in good order and condition, at the place of delivery and within the time specified in the

purchase order for their delivery.

16.3. The contractual delivery period is inclusive of all the lead time for engineering /

procurement of raw material, the manufacturing, inspection / testing, packing,

transportation or any other activity whatsoever required to be accomplished for effecting

the delivery at the required delivery point.

16.4. Unless otherwise specified, Material(s) shall not be despatched without prior inspection

and/or testing and Release Order/Material(s) Acceptance Certificate issued by the

Inspector(s).

16.5. BPCL shall have the right to advise any change in despatch point or destination in respect

of any Material(s). Any extra expenditure incurred by the Vendor on this account

supported by satisfactory documentary evidence, will be reimbursed to the Vendor by

BPCL.

17. UNLOADING AND STACKING :

Unloading and stacking will be arranged by BPCL. The Vendor shall send BPCL

information of the proposed consignment well in advance by telegram/fax/e-mail/courier

to enable BPCL to take necessary action.

18. TRANSIT INSURANCE :

Unless otherwise mentioned,

18.1. Transit Insurance shall be covered by BPCL against its Mega Package Policy.

18.2 In the case of imports, insurance against all marine and transit risk shall be covered under

the Owner's marine policy. However, the Vendor shall ensure that in effecting

shipments clear bill of lading are obtained and the carrier's responsibility is fully retained

on the Carriers so that the consignee's interests are fully secured and are in no way

jeopardized.

18.2. The Vendor shall send BPCL information of the proposed consignment well in advance

by telegram/fax/e-mail/courier to enable BPCL to take necessary action for the transit

insurance of the consignment. Any failure by the Vendor to do so shall place the

consignment at the Vendor’s risk.

18.3. In the case of imports, as soon as any shipment is made, the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Ltd.,

(with detailed address as given in Special Purchase Conditions) giving particulars of the

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shipments, vessels name, port of shipment, bill of lading number and date, total FOB and

freight value.

19 VALIDITY OF OFFER:

The rates quoted against this tender shall be valid for a period of 90 Days from the date

of opening of the tender unless otherwise specified in the Special Purchase Conditions.

20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE :

20.1. The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered

to on the clear understanding that the Price(s) of the Material(s) has/have been fixed with

reference to the said Delivery date(s).

20.2. If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them

beyond the stipulated date(s) of Delivery, the Vendor shall forthwith inform BPCL in

writing of such anticipated delay and of the steps being taken by the Vendor to remove or

reduce the anticipated delay, and shall promptly keep BPCL informed of all subsequent

developments.

20.3. The delivery period quoted must be realistic & specific. The inability of successful

Vendors to execute orders in accordance with the agreed delivery schedule will entitle

BPCL, at its options, to :

20.3.1. Accept delayed delivery at prices reduced by a sum equivalent to half percent (0.5%) of

the basic value of any goods not delivered for every week of delay or part thereof, limited

to a maximum of 5% of the total basic order value. LR date will be considered as delivery

completion date for calculation of price reduction in the case of ex works contract. Date

of receipt of materials at owners premises shall be considered for calculation of price

reduction for F.O.R destination contract.

In the case of imports, the contractual delivery date shall be considered from the date of

Letter of Credit (L/C) or the date of L/C amendment because of Buyer’s fault plus one

week (to take care of transit time for receipt of L/c) plus the delivery schedule as

indicated by the vendors.

In case of the shipment taking place on “Cash against documents”, the contractual

delivery shall be taken from the date of purchase order plus one week (to take care of

transit time for receipt of order) plus delivery period.

Further the date of B/L or House airway bill shall be considered to find out the delay with

respect to contractual delivery date. In case of FOB shipments if the vessel is not

available then the intimation by vendors regarding readiness of the goods for the

shipment shall be considered for calculating the delay if any. So vendor shall inform the

readiness of material for shipment on FOB (Free on Board)basis / FCA (Free on Carrier)

basis.

20.3.2. Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor, without prejudice to its right under 20.3.1

above in respect of goods delivered.

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21. RISK PURCHASE CLAUSE :

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the

vendor fails to comply with the delivery schedule and other terms & conditions of the

order. BPCL also reserves the right to procure the same or similar materials/equipment

through other sources at vendor's entire risk, cost and consequences. Further, the vendor

agrees that in case of procurement by the owner from other sources the differential

amount paid by the owner shall be on account of the vendor together with any interest

and other costs accrued thereon for such procurement.

22. FORCE MAJEURE CLAUSE :

(A) Definition: The term “Force Majeure” means any event or circumstance or

combination of events or circumstances that affects the performance by the

vendor of its obligations pursuant to the terms of this Agreement (including by

preventing, hindering or delaying such performance), but only if and to the extent

that such events and circumstances are not within the vendor’s reasonable control

and were not reasonably foreseeable and the effects of which the vendor could not

have prevented or overcome by acting as a Reasonable and Prudent person or, by

the exercise of reasonable skill and care. Force Majeure events and circumstances

shall in any event include the following events and circumstances to the extent

they or their consequences satisfy the requirements set forth above in this Clause:

(i) the effect of any element or other act of God, including any storm,

flood, drought, lightning, earthquake, tidal wave, tsunami, cyclone

or other natural disaster;

(ii) fire, accident, loss or breakage of facilities or equipment, structural

collapse or explosion;

(iii) epidemic, plague or quarantine;

(iv) air crash, shipwreck, or train wreck;

(v) acts of war (whether declared or undeclared), sabotage, terrorism

or act of public enemy (including the acts of any independent unit

or individual engaged in activities in furtherance of a programme

of irregular warfare), acts of belligerence of foreign enemies

(whether declared or undeclared), blockades, embargoes, civil

disturbance, revolution, rebellion or insurrection, exercise of

military or usurped power, or any attempt at usurpation of power;

(vi) radioactive contamination or ionizing radiation;

( B) Notice and Reporting:

( i ) The Vendor shall as soon as reasonably practicable after the date

of commencement of the event of Force Majeure, but in any event

no later than Seven (7) days after such commencement date, notify

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the BPCL in writing of such event of Force Majeure and provide

the following information:

(a) reasonably full particulars of the event or circumstance of

Force Majeure and the extent to which any obligation will

be prevented or delayed;

(b) such date of commencement and an estimate of the period

of time required to enable the vendor to resume full

performance of its obligations; and

(c) all relevant information relating to the Force Majeure and

full details of the measures the vendor is taking to

overcome or circumvent such Force Majeure.

(ii) The Vendor shall, throughout the period during which it is prevented

from performing, or delayed in the performance of, its

obligations under this Agreement, upon request, give or procure

access to examine the scene of the Force Majeure including such

information, facilities and sites as the other Party may

reasonably request in connection with such event. Access to any

facilities or sites shall be at the risk and cost of the Party

requesting such information and access.

(C) Mitigation Responsibility:

(i) The Vendor shall use all reasonable endeavours, acting as a

Reasonable and Prudent Person, to circumvent or overcome any

event or circumstance of Force Majeure as expeditiously as

possible, and relief under this Clause shall cease to be available to

the Vendor claiming Force Majeure if it fails to use such

reasonable endeavours during or following any such event of Force

Majeure.

(ii) The Vendor shall have the burden of proving that the

circumstances constitute valid grounds of Force Majeure under this

Clause and that it has exercised reasonable diligence efforts to

remedy the cause of any alleged Force Majeure.

(iii) The Vendor shall notify BPCL when the Force Majeure has

terminated or abated to an extent which permits resumption of

performance to occur and shall resume performance as

expeditiously as possible after such termination or abatement.

(D) Consequences of Force Majeure. Provided that the Vendor has

complied and continues to comply with the obligations of this

Clause and subject to the further provisions:

(i) the obligations of the Parties under this Agreement to the

Page 17 of 23

extent performance thereof is prevented or impeded by the event of

Force Majeure shall be suspended and the Parties shall not be

liable for the non-performance thereof for the duration of the

period of Force Majeure; and

(ii) the time period(s) for the performance of the obligations of the

Parties under this Agreement to the extent performance thereof is

prevented or impeded by the event of Force Majeure shall be

extended for the duration of the relevant period of Force Majeure

except as provided herein.

(E) Force Majeure Events Exceeding 60 Days

(i) If an event or series of events (alone or in combination) of

Force Majeure occur, and continue for a period in excess of 60

consecutive days, then BPCL shall have the right to terminate this

agreement, whereupon the Parties shall meet to mitigate the

impediments caused by the Force Majeure event.

23. ARBITRATION CLAUSE :

23.1 Any dispute or difference of any nature whatsoever, any claim, cross-claim,

counter-claim or set off of BPCL/Vendor against omission or on account of any

of the parties hereto arising out of or in relation to this Contract shall be referred

to the Sole Arbitration of Director(Marketing) / Director (HR) / Director (R) of

BPCL as the case may be or to some officer of BPCL who may be nominated by

them.

23.2. In the event the Arbitrator being unable or refusing to act for any reason whatsoever, the

said Directors of BPCL shall designate another person to act as an Arbitrator in

accordance with the terms of the said Contract/Agreement. The Arbitrator newly

appointed shall be entitled to proceed with the reference from the point at which it was

left by his predecessor.

23.3. It is known to the parties herein that the Arbitrator appointed hereunder is an employee of

the Corporation and may be Share holder of the Corporation.

23.4. The award of the Arbitrator so appointed shall be final, conclusive and binding on all the

parties to the contract and the law applicable to arbitration proceedings will be the

Arbitration and Conciliation Act, 1996 or any other enactment in replacement thereof.

23.5. The language of the proceedings will be in English and the place of proceedings will be

Mumbai.

23.6. The parties hereby agree that the Courts in the city of Mumbai alone shall have

jurisdiction to entertain any application or other proceedings in respect of anything

arising under this Agreement and any Award or Awards made by the Sole Arbitrator

Page 18 of 23

hereunder shall be filed, if required, in the concerned Courts in the City of Mumbai alone.

(legal)

24. INTEGRITY PACT (IP) :

Vendors are requested to sign & return our pre-signed IP document , if applicable. This

document is essential & binding. Vendor's failure to return the IP document duly signed

along with Bid Document may result in the bid not being considered for further

evaluation.

25. RECOVERY OF SUMS DUE :

Whenever, any claim against vendor for payment of a sum of money arises out of or

under the contract, the owner shall be entitled to recover such sums from any sum then

due or when at any time thereafter may become due from the vendor under this or any

other contract with the owner and should this sum be not sufficient to cover the

recoverable amount of claim(s), the vendor shall pay to BPCL on demand the balance

remaining due.

26. CONFIDENTIALITY OF TECHNICAL INFORMATION :

Drawing, specifications and details shall be the property of the BPCL and shall be

returned by the Vendor on demand. The Vendor shall not make use of drawing and

specifications for any purpose at any time save and except for the purpose of BPCL. The

Vendor shall not disclose the technical information furnished to or organized by the

Vendor under or by virtue of or as a result of the implementation of the Purchase Order to

any person, firm or body or corporate authority and shall make all endeavors to ensure

that the technical information is kept CONFIDENTIAL. The technical information

imparted and supplied to the vendor by BPCL shall at all time remain the absolute

property of BPCL. Imparting of any confidential information by the Vendor will be

breach of contract.

27. PATENTS & ROYALTIES :

The vendor shall fully indemnify BPCL and users of materials specified herein/supplied

at all times, against any action, claim or demand, costs and expenses, arising from or

incurred by reasons of any infringement or alleged infringement of any patent, registered

design, trademark or name, copy right or any other protected rights in respect of any

materials supplied or any arrangement, system or method of using, fixing or working

used by the vendor. In the event of any claim or demand being made or action sought

against BPCL in respect of any of the aforesaid matter, the vendor shall be notified

thereof immediately and the vendor shall at his/its own expense with (if necessary) the

assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all

negotiations for the settlement of the same and/or litigation which may arise thereof.

28. LIABILITY CLAUSE :

Page 19 of 23

In case where it is necessary for employees or representatives of the Vendor to go upon

the premises of owner, vendor agrees to assume the responsibility for the proper conduct

of such employees/representatives while on said premises and to comply with all

applicable Workmen's Compensation Law and other applicable Government Regulations

and Ordinances and all plant rules and regulations particularly in regard to safety

precautions and fire hazards. If this order requires vendor to furnish labour at site, such

vendor's workmen or employees shall under no circumstances be deemed to be in owner's

employment and vendor shall hold himself responsible for any claim or claims which

they or their heirs, dependent or personal representatives, may have or make, for damages

or compensation for anything done or committed to be done, in the course of carrying

out the work covered by the purchase order, whether arising at owner's premises or

elsewhere and agrees to indemnify the owner against any such claims, if made against the

owner and all costs of proceedings, suit or actions which owner may incur or sustain in

respect of the same.

29. COMPLIANCE OF REGULATIONS :

Vendor warrants that all goods/Materials covered by this order have been produced, sold,

dispatched, delivered and furnished in strict compliance with all applicable laws,

regulations, labour agreement, working condition and technical codes and statutory

requirements as applicable from time to time. The vendor shall ensure compliance with

the above and shall indemnify owner against any actions, damages, costs and expenses of

any failure to comply as aforesaid.

30. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT:

In case the testing and inspection at any stage by inspectors reveal that the equipment,

materials and workmanship do not comply with specification and requirements, the same

shall be removed by the vendor at his/its own expense and risk, within the time allowed

by the owner. The owner shall be at liberty to dispose off such rejected goods in such

manner as he may think appropriate. In the event the vendor fails to remove the rejected

goods within the period as aforesaid, all expenses incurred by the owner for such disposal

shall be to the account of the vendor. The freight paid by the owner, if any, on the inward

journey of the rejected materials shall be reimbursed by the vendor to the owner before

the rejected materials are removed by the vendor. The vendor will have to proceed with

the replacement of the equipment or part of equipment without claiming any extra

payment if so required by the owner. The time taken for replacement in such event will

not be added to the contractual delivery period.

31. NON-WAIVER :

Failure of the Owner to insist upon any of the terms or conditions incorporated in the

Purchase Order or failure or delay to exercise any rights or remedies herein, or by law or

failure to properly notify Vendor in the event of breach, or the acceptance of or payment

of any goods hereunder or approval of design shall not release the Vendor and shall not

be deemed a waiver of any right of the Owner to insist upon the strict performance

thereof or of any of its or their rights or remedies as to any such goods regardless of when

such goods are shipped, received or accepted nor shall any purported oral modification or

revision of the order by BPCL act as waiver of the terms hereof. Any waiver to be

effective must be in writing. Any lone incident of waiver of the any condition of this

Page 20 of 23

agreement by BPCL shall not be considered as a continuous waiver or waicer for other

condition by BPCL.

32. NEW & UNUSED MATERIAL :

All the material supplied by the vendor shall be branded new, unused and of recent

manufacture.

33. PURCHASE PREFERENCE CLAUSE :

Owner reserves its right to allow Public Sector Enterprises (Central/State), purchase

preference as admissible/applicable from time to time under the existing Govt. policy.

Purchase preference to a PSE shall be decided based on the price quoted by PSE as

compared to L1 Vendor at the time of evaluation of the price bid.

34. CANCELLATION :

34.1. BPCL reserves the right to cancel the contract/purchase order or any part thereof through

a written notice to the vendor if.

34.1.1. The vendor fails to comply with the terms of this purchase order/contract.

34.1.2. The vendor becomes bankrupt or goes into liquidation.

34.1.3. The vendor fails to deliver the goods on time and/or replace the rejected goods promptly.

34.1.4. The vendor makes a general assignment for the benefit of creditors.

34.1.5. A receiver is appointed for any of the property owned by the vendor.

34.2. Upon receipt of the said cancellation notice, the vendor shall discontinue all work on the

purchase order matters connected with it. BPCL in that event will be entitled to procure

the requirement in the open market and recover excess payment over the vendor's agreed

price if any, from the vendor and also reserving to itself the right to forfeit the security

deposit if any, made by the vendor against the contract. The vendor is aware that the said

goods are required by BPCL for the ultimate purpose of materials production and that

non-delivery may cause lossof production and consequently loss of profit to the BPCL. In

this-event of BPCL exercising the option to claim damages for non delivery other than

by way of difference between the market price and the contract price, the vendor shall

pay to BPCL, fair compensation to be agreed upon between BPCL and the vendor. The

provision of this clause shall not prejudice the right of BPCL from invoking the

provisions of price reduction clause mentioned in 20.3.1 as aforesaid.

35. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION :

The Competition Act, 2002 as amended by the Competition (Amendment) Act, 2007 (the

Act), prohibits anti- competitive laws and aims at fostering competition and at protecting

Indian markets against anti- competitive practices by enterprises. The Act prohibits anti-

competitive agreements, abuse of dominant position by enterprises, and regulates

Page 21 of 23

combinations (consisting of acquisition, acquiring of control and M&A) wherever such

agreements, abuse or combination causes, or is likely to cause, appreciable adverse effect

on competition in markets in India. BPCL reserves the right to approach the Competition

Commission established under the Act of Parliament and file information relating to anti-

competitive agreements and abuse of dominant position. If such a situation arises, then

Vendors are bound by the decision of the Competitive Commission and also subject to

penalty and other provisions of the Competition Act.

36. ASSIGNMENT

The Vendor can / does not have any right to assign his rights and obligations under these

general purchase conditions without the prior written approval of BPCL.

37. GOVERNING LAW

These General Purchase Conditions shall be governed by the Laws of India.

38. AMENDMENT

Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions.

39. SPECIAL PURCHASE CONDITIONS

In case of a conflict between the clauses, terms and conditions of General Purchase

Conditions and Special Purchase condition, the clauses, terms and conditions of Special

Purchase Condition will have an overriding effect over General Purchase Conditions and

the same shall be applicable.

40. NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and

delivered by hand or sent by courier or facsimile to the other Party at the address

or facsimile number stated below or such other address or number as may be

notified by the relevant Party from time to time:

BPCL

_______________________ _______________________

_______________________

Vendor

_______________________

_______________________

_______________________

Please sign & return all the pages of GPC as a token of your acceptance of all the terms &

conditions as mentioned above.

Page 22 of 23

Annexure I

PERFORMANCE BANK GUARANTEE

(On Non-judicial paper for appropriate value)

To,


---------------------------------

--------------------------------

Dear Sir,

In consideration of the Bharat Petroleum Corporation Limited, (hereinafter called ‘the Company’

which expression shall include its successors and assigns) having awarded to M/s. (Name)

………. (Constitution)………….. (address) ……….(hereinafter referred to as “The vendor”

which expression shall wherever the subject or context so permits include its successors and

assigns) a supply contract in terms interalia, of the Company’s Purchase order No…….. dated

………. and the General and Special Purchase Conditions of the Company and upon the

condition of vendor’s furnishing security for the performance of the vendor’s obligations and/or

discharge of the vendor’s liability under and / or in connection with the said supply contract upto

a sum of Rs.(in figures)…………..Rs(in words)…………………………only amounting to 10%

(ten percent)of the total contract value.

We, (Name)…………..(constitution) ……………(hereinafter called “the Bank” which

expression shall include its successors and assigns) hereby jointly and severally undertake and

guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without

protest or demur of any and all moneys any wise payable by the Vendor to the Company under in

respect of or in connection with the said supply contract inclusive of all the Company’s losses and

expenses and other moneys anywise payable in respect to the above as specified in any notice of

demand made by the Company to the Bank with reference to this Guarantee upto an aggregate

limit of Rs(in figures)…………Rs(in words)……………………….only.

AND the Bank hereby agrees with the Company that

i. This Guarantee/undertaking shall be a continuing guarantee and shall remain valid

and irrevocable for all claims of the Company and liabilities of the vendor arising

upto and until midnight of …………………………………..

Page 23 of 23

This date shall be 6 months from the last date of guarantee period.

ii This Guarantee / Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendor’s

obligation/liabilities under and /or connection with the said supply contract, and the Company

shall have full authority to take recourse to or reinforce this security in preference to the other

security(ies) at its sole discretion, and no failure on the part of the Company in enforcing or

requiring enforcement of any other security shall have the effect of releasing the Bank from its

liability hereunder.

ii. The Company shall be at liability without reference to the Bank and without effecting

the full liability of the Bank hereunder to take any other security in respect of the

vendor’s obligations and /or liabilities under or in connection with the said supply

contract and to vary the terms vis a vis the vendor of the said supply contract or to

grant time and / or indulgence to the vendor or to reduce or to increase or otherwise

vary the prices of the total contract value or to release or to forbear from enforcement

all or any of the obligations of the vendor under the said supply contract and / or the

remedies of the Company under any other security(ies) now or hereafter held by the

Company and no such dealing(s), variation(s), reduction(s), increase(s) or the

indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever

shall have the effect of releasing the Bank from its full liability to the Company

hereunder or of prejudicing rights of the Company against the Bank.

iv. This Guarantee /Undertaking shall not be determined by the liquidation or winding up

ordissolution or change of constitution or insolvency of the vendor but shall in all respects and for

all purposes be binding and operative until payment of all moneys payable to the Company in

terms hereof.

v. The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee /

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or

suspended by reason of any dispute or disputes having been raised by the vendor (whether or not

pending before any Arbitrator, officer, Tribunal or Court) or any denial of liability by the vendor

or any other order of communication whatsoever by the vendor stopping or preventing or

purporting to stop or prevent any payment by the Bank to the Company in terms hereof.

vi. The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on

account of any losses or damages of costs, charges and or expenses shall as between the Bank and

the Company be conclusive of the amount so liable to be paid to the Company or suffered or

incurred by the Company, as the case may be and payable by the Guarantor to Company in terms

hereof.

Yours faithfully,

(Signature)

NAME & DESIGNATION

NAME OF THE BANK

NOTES:

Page 1

Annexure 15

PERFORMANCE BANK GUARANTEE

(On Non-judicial paper for appropriate value)

To,


---------------------------------

--------------------------------

Dear Sir,

In consideration of the Bharat Petroleum Corporation Limited, (hereinafter called ‘the Company’

which expression shall include its successors and assigns) having awarded to M/s. (Name)

………. (Constitution)………….. (address) ……….(hereinafter referred to as “The vendor”

which expression shall wherever the subject or context so permits include its successors and

assigns) a supply contract in terms interalia, of the Company’s Purchase order No…….. dated

………. and the General and Special Purchase Conditions of the Company and upon the

condition of vendor’s furnishing security for the performance of the vendor’s obligations and/or

discharge of the vendor’s liability under and / or in connection with the said supply contract upto

a sum of Rs.(in figures)…………..Rs(in words)…………………………only amounting to 10%

(ten percent)of the total contract value.

We, (Name)…………..(constitution) ……………(hereinafter called “the Bank” which

expression shall include its successors and assigns) hereby jointly and severally undertake and

guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without

protest or demur of any and all moneys any wise payable by the Vendor to the Company under in

respect of or in connection with the said supply contract inclusive of all the Company’s losses and

expenses and other moneys anywise payable in respect to the above as specified in any notice of

demand made by the Company to the Bank with reference to this Guarantee upto an aggregate

limit of Rs(in figures)…………Rs(in words)……………………….only.

AND the Bank hereby agrees with the Company that

i. This Guarantee/undertaking shall be a continuing guarantee and shall remain valid

and irrevocable for all claims of the Company and liabilities of the vendor arising

upto and until midnight of …………………………………..

This date shall be 6 months from the last date of guarantee period.

ii This Guarantee / Undertaking shall be in addition to any other guarantee or security of

whatsoever that the Company may now or at any time otherwise have in relation to the vendor’s

obligation/liabilities under and /or connection with the said supply contract, and the Company

shall have full authority to take recourse to or reinforce this security in preference to the other

security(ies) at its sole discretion, and no failure on the part of the Company in enforcing or

requiring enforcement of any other security shall have the effect of releasing the Bank from its

liability hereunder.

ii. The Company shall be at liability without reference to the Bank and without effecting

the full liability of the Bank hereunder to take any other security in respect of the

Page 2

vendor’s obligations and /or liabilities under or in connection with the said supply

contract and to vary the terms vis a vis the vendor of the said supply contract or to

grant time and / or indulgence to the vendor or to reduce or to increase or otherwise

vary the prices of the total contract value or to release or to forbear from enforcement

all or any of the obligations of the vendor under the said supply contract and / or the

remedies of the Company under any other security(ies) now or hereafter held by the

Company and no such dealing(s), variation(s), reduction(s), increase(s) or the

indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever

shall have the effect of releasing the Bank from its full liability to the Company

hereunder or of prejudicing rights of the Company against the Bank.

iv. This Guarantee /Undertaking shall not be determined by the liquidation or winding up

ordissolution or change of constitution or insolvency of the vendor but shall in all respects and for

all purposes be binding and operative until payment of all moneys payable to the Company in

terms hereof.

v. The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee /

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or

suspended by reason of any dispute or disputes having been raised by the vendor (whether or not

pending before any Arbitrator, officer, Tribunal or Court) or any denial of liability by the vendor

or any other order of communication whatsoever by the vendor stopping or preventing or

purporting to stop or prevent any payment by the Bank to the Company in terms hereof.

vi. The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on

account of any losses or damages of costs, charges and or expenses shall as between the Bank and

the Company be conclusive of the amount so liable to be paid to the Company or suffered or

incurred by the Company, as the case may be and payable by the Guarantor to Company in terms

hereof.

Yours faithfully,

(Signature)

NAME & DESIGNATION

NAME OF THE BANK

NOTES:

Page 1

ANNEXURE -16

IINNTTEEGGRRIITTYY PPAACCTT

Between

BBhhaarraatt PPeettrroolleeuumm CCoorrppoorraattiioonn LLiimmiitteedd ((BBPPCCLL)) hheerreeiinnaafftteerr rreeffeerrrreedd ttoo aass ""TThhee

PPrriinncciippaall"",,

AAnndd

…………………………………………………………………………………………….. hereinafter referred to as "The Bidder/ Contractor/ Supplier".

PPrreeaammbbllee

The Principal intends to award, under laid down organization procedures, contract/s for ……………………………………………………………………………………………………………………….… . The Principal values full

compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s, Contractor/s and Supplier/s.

IInn oorrddeerr ttoo aacchhiieevvee tthheessee ggooaallss,, tthhee PPrriinncciippaall ccooooppeerraatteess wwiitthh tthhee rreennoowwnneedd iinntteerrnnaattiioonnaall

NNoonn--GGoovveerrnnmmeennttaall OOrrggaanniissaattiioonn ""TTrraannssppaarreennccyy IInntteerrnnaattiioonnaall"" ((TTII)).. FFoolllloowwiinngg TTII''ss

nnaattiioonnaall aanndd iinntteerrnnaattiioonnaall eexxppeerriieennccee,, tthhee PPrriinncciippaall wwiillll aappppooiinntt aann IInnddeeppeennddeenntt

EExxtteerrnnaall MMoonniittoorr wwhhoo wwiillll mmoonniittoorr tthhee tteennddeerr pprroocceessss aanndd tthhee eexxeeccuuttiioonn ooff tthhee ccoonnttrraacctt

ffoorr ccoommpplliiaannccee wwiitthh tthhee pprriinncciipplleess mmeennttiioonneedd aabboovvee..

SSeeccttiioonn 11 -- CCoommmmiittmmeennttss ooff tthhee PPrriinncciippaall

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:

a) No employee of the Principal, personally or through family members, will in connection

with the tender, or the execution of the contract, demand, take a promise for or accept, for himself/ herself or third person, any material or immaterial benefit which he/she is not legally entitled to.

b) The Principal will, during the tender process, treat all Bidders with equity and reason. The

Principal will, in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential/ additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.

c) The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Page 2

SSeeccttiioonn 22 -- CCoommmmiittmmeennttss ooff tthhee BBiiddddeerr// CCoonnttrraaccttoorr// SSuupppplliieerr

((11)) TThhee BBiiddddeerr// CCoonnttrraaccttoorr// SSuupppplliieerr ccoommmmiittss iittsseellff ttoo ttaakkee aallll mmeeaassuurreess nneecceessssaarryy ttoo

pprreevveenntt ccoorrrruuppttiioonn.. HHee ccoommmmiittss hhiimmsseellff ttoo oobbsseerrvvee tthhee ffoolllloowwiinngg pprriinncciipplleess dduurriinngg hhiiss

ppaarrttiicciippaattiioonn iinn tthhee tteennddeerr pprroocceessss aanndd dduurriinngg tthhee ccoonnttrraacctt eexxeeccuuttiioonn..

aa)) TThhee BBiiddddeerr// CCoonnttrraaccttoorr// SSuupppplliieerr wwiillll nnoott,, ddiirreeccttllyy oorr tthhrroouugghh aannyy ootthheerr ppeerrssoonn oorr

ffiirrmm,, ooffffeerr,, pprroommiissee oorr ggiivvee ttoo aannyy ooff tthhee PPrriinncciippaall''ss eemmppllooyyeeeess iinnvvoollvveedd iinn tthhee

tteennddeerr pprroocceessss oorr tthhee eexxeeccuuttiioonn ooff tthhee ccoonnttrraacctt oorr ttoo aannyy tthhiirrdd ppeerrssoonn,, aannyy mmaatteerriiaall

oorr iimmmmaatteerriiaall bbeenneeffiitt wwhhiicchh hhee//sshhee iiss nnoott lleeggaallllyy eennttiittlleedd ttoo,, iinn oorrddeerr ttoo oobbttaaiinn iinn

eexxcchhaannggee,, aannyy aaddvvaannttaaggee ooff aannyy kkiinndd wwhhaattssooeevveerr dduurriinngg tthhee tteennddeerr pprroocceessss oorr

dduurriinngg tthhee eexxeeccuuttiioonn ooff tthhee ccoonnttrraacctt.. b) The Bidder/ Contractor/ Supplier will not enter with other Bidders into any undisclosed

agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process.

c) The Bidder/ Contractor/ Supplier will not commit any offence under the relevant Anti-

Corruption Laws of India; further the Bidder/ Contractor/ Supplier will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

d) The Bidder/ Contractor/ Supplier will, when presenting his bid, disclose any and all

payments he has made, is committed to, or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

(2) The Bidder/ Contractor/ Supplier will not instigate third persons to commit offences outlined

above or be an accessory to such offences.

Section 3 - Disqualification from Tender Process and Exclusion from Future Contracts

IIff tthhee BBiiddddeerr,, bbeeffoorree ccoonnttrraacctt aawwaarrdd,, hhaass ccoommmmiitttteedd aa ttrraannssggrreessssiioonn tthhrroouugghh aa vviioollaattiioonn

ooff SSeeccttiioonn 22 oorr iinn aannyy ootthheerr ffoorrmm ssuucchh aass ttoo ppuutt hhiiss rreelliiaabbiilliittyy oorr ccrreeddiibbiilliittyy aass BBiiddddeerr iinnttoo

qquueessttiioonn,, tthhee PPrriinncciippaall iiss eennttiittlleedd ttoo ddiissqquuaalliiffyy tthhee BBiiddddeerr ffrroomm tthhee tteennddeerr pprroocceessss oorr ttoo

tteerrmmiinnaattee tthhee ccoonnttrraacctt,, iiff aallrreeaaddyy ssiiggnneedd,, ffoorr ssuucchh rreeaassoonn.. (1) If the Bidder/ Contractor/ Supplier has committed a transgression through a violation of Section

2 such as to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder/ Contractor/ Supplier from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

(2) A transgression is considered to have occurred if the Principal after due consideration of the

available evidences, concludes that no reasonable doubt is possible. (3) The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to

resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

Page 3

(4) If the Bidder/ Contractor/ Supplier can prove that he has restored/ recouped the damage

caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.

SSeeccttiioonn 44 -- CCoommppeennssaattiioonn ffoorr DDaammaaggeess

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money Deposit/Bid Security.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled

to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor/ Supplier liquidated damages equivalent to Security Deposit/ Performance Bank Guarantee.

(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject

only to condition that if the Bidder/ Contractor/ Supplier can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder/ Contractor/ Supplier shall compensate the Principal only to the extent of the damage in the amount proved.

SSeeccttiioonn 55 -- PPrreevviioouuss TTrraannssggrreessssiioonn

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender

process or the contract, if already awarded, can be terminated for such reason.

Section 6 - Equal treatment of all Bidders/ Contractors/ Suppliers/

SSuubbccoonnttrraaccttoorrss

(1) The Bidder/ Contractor/ Supplier undertakes to demand from all subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders,

Contractors/ Suppliers and Subcontractors. (3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact or

violate its provisions.

Section 7 - Punitive Action Against Violating Bidders/ Contractors/

SSuupppplliieerrss// SSuubbccoonnttrraaccttoorrss

IIff tthhee PPrriinncciippaall oobbttaaiinnss kknnoowwlleeddggee ooff ccoonndduucctt ooff aa BBiiddddeerr,, CCoonnttrraaccttoorr,, SSuupppplliieerr oorr

SSuubbccoonnttrraaccttoorr,, oorr ooff aann eemmppllooyyeeee oorr aa rreepprreesseennttaattiivvee oorr aann aassssoocciiaattee ooff aa BBiiddddeerr,,

CCoonnttrraaccttoorr,, SSuupppplliieerr oorr SSuubbccoonnttrraaccttoorr wwhhiicchh ccoonnssttiittuutteess ccoorrrruuppttiioonn,, oorr iiff tthhee PPrriinncciippaall

hhaass ssuubbssttaannttiivvee ssuussppiicciioonn iinn tthhiiss rreeggaarrdd,, tthhee PPrriinncciippaall wwiillll iinnffoorrmm tthhee VViiggiillaannccee OOffffiiccee..

Page 4

Section 8 - Independent External Monitors

(1) The Principal has appointed competent and credible Independent External Monitors for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs his

functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.

(3) The Bidder/ Contractor/ Supplier accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the Bidder/ Contractor/ Supplier. The Bidder/ Contractor/ Supplier will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Supplier/ Subcontractor with confidentially.

(4) The Principal will provide to the Monitor sufficient information about all meetings among the

parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Bidder/ Contractor/ Supplier. The parties offer to the Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so

inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the Bidder/ Contractor/ Supplier to present its case before making its recommendations to the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8

to 10 weeks from the date of reference or intimation to him by the 'Principal' and, should the occasion arise, submit proposals for correcting problematic situations.

(7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an

offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

(8) The word 'Monitor' would include both singular and plural.

SSeeccttiioonn 99 -- PPaacctt DDuurraattiioonn

This Pact begins when both parties have legally signed it. It expires for the Contractor/ Supplier 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made/ lodged during this time, the same shall be binding and continue to be valid despite the

lapse of this pact as specified above, unless it is discharged/ determined by Chairperson of the Principal.

SSeeccttiioonn 1100 -- OOtthheerr PPrroovviissiioonnss

((11)) TThhiiss aaggrreeeemmeenntt iiss ssuubbjjeecctt ttoo IInnddiiaann LLaaww.. PPllaaccee ooff ppeerrffoorrmmaannccee aanndd

jjuurriissddiiccttiioonn iiss tthhee RReeggiisstteerreedd OOffffiiccee ooff tthhee PPrriinncciippaall,, ii..ee.. MMuummbbaaii.. TThhee

Page 5

AArrbbiittrraattiioonn ccllaauussee pprroovviiddeedd iinn tthhee mmaaiinn tteennddeerr ddooccuummeenntt// ccoonnttrraacctt sshhaallll

nnoott bbee aapppplliiccaabbllee ffoorr aannyy iissssuuee// ddiissppuuttee aarriissiinngg uunnddeerr IInntteeggrriittyy PPaacctt.. (2) Changes and supplements as well as termination notices need to be made in writing. Side

agreements have not been made. (3) If the Bidder/ Contractor/ Supplier is a partnership or a consortium, this agreement must be

signed by all partners or consortium members. (4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this

agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

……………………… …………………………… For the Principal For the Bidder/ Contractor/

Supplier Place ……………… Witness 1 : ………………

(Signature/Name/Address)

Date ………………. Witness 2 : ……………… (Signature/Name/Address)

BUSINESS RULES FOR ON LINE REVERSE AUCTION

Page 1 of 10

Annexure-17 (BASIC DETAILS)

Buyer Name

Bharat Petroleum Corporation Ltd. (CPO Refineries) Mumbai.

Service Provider Details

M/s. Phone No. : Fax No. : Company Website: Intimated later

Date & Time of Auction

Auction Date : Will be intimated later Online Reverse Auction Time : Will be intimated later (**Limited/ Unlimited extensions ) Auction Website: Will be intimated later

Documents Attached

1) Business rule for reverse auction 2) Terms & conditions of reverse auction 3) Online Reverse Auction Schedule (Appendix – I) 4) Process Compliance Statement (Appendix – II) 5) Price Confirmation (Appendix – III) 6) Contact Information

SPECIAL INSTRUCTIONS

Bidding in the last minutes and seconds should be avoided in the bidders own interest. Neither BPCL nor Service Provider will be responsible for any lapses / failure on the part of the bidder, in such cases.


Page 2 of 10

GENERAL TERMS & CONDITIONS

Against this Enquiry for the subject item/system with detailed scope of supply as per our specification, BPCL, CPO Refineries, Mumbai may resort to “Online Reverse Auction Mode” i.e. ONLINE BIDDING on INTERNET.

1. For the proposed Reverse Auction, technically and commercially acceptable bidders only shall be eligible to participate.

2. BPCL has engaged the services of a Service Provider, who will provide all necessary training and assistance before commencement of on line bidding on Internet.

3. BPCL will inform the bidders in writing, the details of the Service Provider in case of Reverse Auction, so as to enable them to contact the Service Provider and get trained.

4. Information like the Business rules, Reverse Auction event date, time, start price, bid decrement, extensions, etc. also will be communicated through the Service Provider for the compliance of the bidders.

5. Bidders have to email a scanned copy of the Process Compliance Form (Appendix - II) in the prescribed (provided by service provider) before start of Online Reverse Auction. Without this Compliance form, the bidders will not be eligible to participate in the online event.

6. BPCL will provide the calculation sheet (e.g.: EXCEL sheet) which will help to arrive at “total effective Cost to BPCL” for each the bidders to enable them to fill-in the price and keep it ready for keying in during the Reverse Auction.

7. Online Reverse Auction will be conducted on schedule date & time.

8. At the end of Reverse Auction event, the lowest bidder value will be known on the network for each item at each location.

9. The lowest bidder has to email a scanned copy of the price break-up duly signed, filled in prescribed format (as per BPCL’s price excel sheet format), as provided on case-to-case basis, to BPCL through Service Provider within 24 hours of the Reverse Auction without fail.

10. Any variation between the on-line bid value and signed document will be considered as sabotaging the tender process and will invite disqualification of bidder to conduct business with BPCL as per prevailing procedure.

11. Bidders shall note that in case BPCL conducts the Reverse Auction and finalizes this tender, the Sealed Priced-Bids submitted with the offer will not be opened.

12. In case BPCL decides not to conduct Reverse Auction, the Sealed Priced-Bids submitted with the offer, along with price impacts (if any) already available with BPCL, shall be opened as per BPCL standard practice for finalization of the tender.

13. Similarly, if for any unforeseen reason the Reverse Auction is conducted by BPCL for this particular tender and the results are found to be inconclusive by BPCL, then BPCL may open the Sealed Priced-Bids submitted with the offer, along with price impacts (if any) already available with BPCL, and finalize the tender as per BPCL standard practice.

14. Only those vendors, who submit their Process Compliance Form, will be eligible to participate in the Online English Reverse Auction.

15. The Reverse Auction will be treated as closed only when the bidding process gets closed in all respects for the items listed in the tender.


Page 3 of 10

MODALITY FOR FINALIZATION OF THE PROCUREMENT BPCL may finalize the procurement of the item against this Tender through online Reverse Auction mode. BPCL shall make arrangement with. (Name of the Service Provider), who shall be BPCL’s authorized Service Provider(SP) for the same. Please go through the guidelines given below and submit your acceptance to the same along with your Commercial Bid. 1. Computerized reverse auction shall be conducted by BPCL, on pre-specified date, while

the vendors shall be quoting from their own offices / place of their choice. Internet connectivity & other necessary requirements like power backup etc. shall have to be ensured by vendors themselves. In order to ward-off such contingent situation where the vendors are not able to bid for any of the above reason, they are requested to make all the necessary arrangements / alternatives whatever required so that they are able to circumvent such situation and still be able to participate in the reverse auction successfully. Failure of power / problem in Internet connectivity at the premises of vendors during the Online Reverse auction cannot be the cause for not participating in the reverse auction. On account of this, the time for the auction cannot be extended and neither BPCL nor SP is responsible for such eventualities.

2. Service provider shall arrange to train your nominated person (s), without any cost to you. They shall also explain you, all the Rules related to the Reverse Auction / Business Rules to be adopted along with the calculation sheet in excel format. You are required to give your compliance on it at least 24 hours before the start of bid process.

3. Material for Bid: Respective CRFQ No._____

4. Starting price & Bid Decrement: The start price applicable in the Online Reverse Auction for described item shall be visible to all bidders on their screen. (i.e. Starting basic Cost and bid decrement value will be displayed). This start price will be derived through BPCL’s internal estimation processes.

5. Bidding Currency & Unit of Measurement: Bidders will enter price in their respective currency while evaluation will be conducted in Indian Rupees (INR) & the Unit of Measurement will be per Meter The price bid placed during the Online Reverse Auction shall be the price of respective CRFQ.

6. Bid Price: The Bidder has to quote as per excel sheet provided by BPCL.

The bidders are requested to note that the ranking would be generated on the condition that the bid submitted by the bidder is confirming to the Starting price & Minimum Decrement Value.

Calculation sheet in excel format to arrive at the Total Effective Cost to BPCL will be provided by Service provider.

7. The technical & commercial terms are as per respective CRFQ , Vendors’ technical and commercial bid and subsequent correspondences between BPCL and the vendors regarding commercial terms & conditions.

8. Validity of Bids: As per BPCL respective CRFQ doc. & agreed terms 9. Delivery: As per BPCL Respective CRFQ doc. & agreed terms


Page 4 of 10

10. At the end of the reverse auction, bidder has to provide a detailed break-up (as per BPCL’s price excel sheet format) to SP for his lowest accepted offer quoted during the Online Reverse Auction within 24 hours of the completion of the Online Reverse Auction.

11. Procedure of Online Reverse Auctioning:

i. Online English Reverse Auction: BPCL will declare its Start price, which shall be visible to the all vendors during the start of the Online Reverse Auction on their respective bidding screens. Please note that the start price of Online Reverse Auction is open to all the participating bidders. Any bidder can start bidding, in the Online Reverse Auction; from the start price itself. On submission of the bid, the rank would be generated for the item. Also, please note that the first online bid that comes in the system during the Online Reverse Auction can be equal to the auction's start price, or lesser than the auction's start price or by at least one decrement, or lesser than the same. The second online bid for any particular item and onwards which the bidder submits will have to be lesser than the respective bidder’s previous bid by at least one decrement value, or lesser than the same. Decrement in multiple would be “No”.

ii. Online English Reverse Auction shall be for a period of 45 minutes. If a bidder places a Bid in the last 5 minutes of Closing of the Auction, the auction shall get extended automatically for another 5 minutes. So, reverse auction will be continued till bid comes in last remaining 5 min. In case, there is no Bid in the last 5 minutes of closing of Auction, the Auction shall get closed automatically without any extension.

iii. After the completion of Online Reverse Auction, the Closing Price shall be available for further processing.

12. Successful vendor shall be required to submit the final prices, quoted during the Online

Reverse Auction, as per BPCL’s price excel sheet format, after the completion of Auction to SP, within 24 hours of the reverse auction, duly signed and stamped on their letterheads as token of acceptance without any new condition other than those already agreed to before start of auction. The Original Copy of the Price Breakup (as per excel sheet) & Price Confirmation (appendix III) should be submitted to the Service provider within 3 days of the completion of the Online Reverse Auction.

13. During the Online Reverse Auction, if no bid is received in the auction system / website

within the specified time duration of the reverse auction, then BPCL at its discretion, may decide to revise the auction's Start Price / scrap the online reverse auction process / proceed with the conventional mode of tendering / any other method as deem fit. The decision of BPCL in this regard will be final & binding on all the vendors.

14. Your bid will be taken as an offer to supply. Bids once made by you, cannot be

cancelled / withdrawn and you shall be bound to supply as mentioned above at your final bid price. Should you back out and not supply as per the rates quoted, BPCL shall take action as appropriate.

15. Login Name & Password: Each Bidder is assigned a Unique User Name & Password by

Service Provider. You are advised to change the Password and edit the information in the Registration Page after the receipt of initial Password from Service provider to ensure confidentiality. All bids made from the Login ID given to you will be deemed to have been made by your company


Page 5 of 10

16. Visibility to the Bidder: The respective bidder will be able to view the following on their screen along with the necessary fields in the Online Reverse Auction:

a. Bid Placed by you. b. Your Own Rank. c. Start Price & Minimum Bid Decrement value. d. Least Effective Cost(L1) of reverse auction quoted by the bidder

17. Lowest Bid of a Bidder: In case the bidder submits more than one bid, the lowest accepted bid will be considered as the bidder’s final offer to execute the work.

18. At the end of the Reverse Auction, BPCL will decide upon the successful bidder. BPCL’s

decision on award of Contract shall be final and binding on all the Bidders. 19. BPCL shall be at liberty to cancel the Online Reverse Auction process / tender at any

time, before ordering, without assigning any reason. 20. Other terms and conditions shall be as per your techno-commercial offers and other

correspondences till date. 21. You are required to submit your acceptance (Process Compliance Form – (Appendix – II))

before participating in the reverse auction.

22. Auction shall be on final bid basis without consideration of e-sealed price bid

submitted by you in e-bid system. All other terms and conditions shall be as per

the RFQ/ Offer/As agreed upon.


Page 6 of 10

BIDDERS TO SPECIFICALLY NOTE

1. The Bidder shall not involve himself or any of his representatives in Price manipulation of any kind by directly or indirectly communicating with other suppliers / bidders.

2. The Bidder shall not divulge either his Bids or any other exclusive details of BPCL to

any other party.

3. BPCL’s decision on award of Contract shall be final and binding on all the Bidders. Conducting Online Reverse Auction is not binding on BPCL for ordering. BPCL reserve the right for ordering & May / may not order for any / all the lot for which reverse auction is being held.

4. BPCL along with Service provider can decide to extend, reschedule or cancel

Auction. Any changes made by BPCL and / or the Service Provider, after the first posting will have to be accepted if the Bidder continues to access the site after that time.

5. BPCL & Service provider shall not have any liability to Bidders for any interruption

or delay in access to the site irrespective of the cause.

6. BPCL & Service provider are not responsible for any damages, including damages that result from, but are not limited to negligence.

7. BPCL & Service provider will not be held responsible for consequential damages,

including but not limited to systems problems, inability to use the system, loss of electronic information etc.

N.B.

- All the Bidders are required to submit the Process Compliance Form (Appendix - II) duly signed to the Service Provider, at least 24 hours before the auction date. After the receipt of the Process Compliance Form, Login ID & Password shall be allotted to the suppliers (bidders).

- All the bidders are requested to ensure that they have a valid digital certificate well in advance to participate in the online event. Under no circumstances will the bidders be allowed to participate in the online event without Digital Certificate.

- After the completion of the Auction event, all the Bidders have to submit the Price

Break-up (as per BPCL’s price excel sheet format) within 24 hours of the reverse auction to the Service Provider for further proceedings.


Page 7 of 10

APPENDIX – I The List of Items to be procured along with the Auction Start Time & Close Time is as follows: Item Description: Respective CRFQ No..

Date: - Will be intimated later.

Description Start Time End Time

CRFQ No.

** Auto Extensions as applicable


Page 8 of 10

APPENDIX – II

PROCESS COMPLIANCE FORM (The bidders are required to print this on their company’s letterhead, sign & stamp before emailing a scanned copy)

To, Service Provider Sub: Agreement to the Process related Terms and Conditions for the Reverse Auction Dear Sir, This has reference to the Business Rules and Terms & Conditions for the Online Reverse Auction mentioned in this document for respective CRFQ for supply of….. This letter is to confirm that:

1) The undersigned is authorized representative of the company. 2) We have studied the Commercial Terms and the Business rules governing the Reverse

Auction as mentioned in your letter and confirm our agreement to them. 3) We also confirm that we have taken the training on the auction tool and have

understood the functionality of the same thoroughly. 4) We have studied the calculation sheet carefully as per our offer submitted to BPCL. We

also confirm that we will email a scanned copy or fax the price break-up of our online quoted price, within 24 hours of the reverse auction, as per BPCL’s price excel sheet format.

5) We confirm that we will send the Original copy of the Price Breakup to Service provider within 3 working days of the completion of the Online Reverse Auction.

6) We, hereby, confirm that we will honor the Bids placed by us during the Online Reverse Auction process.

7) We also confirm that we will accept our Rank / Position that will be displayed when the Bidding Time is over of the Online Reverse Auction.

8) We confirm that we have changed the password on the auction website after first log in.

9) We also confirm that we have a valid digital certificate issued by a valid Certifying Authority.

With regards, Signature with company seal Name –Company / Organization – Designation within Company / Organization – Address of Company / Organization –


Page 9 of 10

APPENDIX – III

PRICE CONFIRMATION (The bidders are required to print this on their company’s letterhead, sign & stamp before emailing a scanned copy)

To, Service provider Sub: Final price quoted during Online Reverse Auction and Price Break up Ref: respectiva CRFQ No. for supply of…. Dear Sir, We confirm that we have quoted for CRFQ No. for supply of…. As detailed below.

CRFQ Item No. & Description Quoted Basic Value of the material Effective Cost of Material

as our prices during the Online Reverse Auction conducted on : The detailed price break-up as per the BPCL excel sheet format enclosed. Thanking you and looking forward to the valuable order from BPCL. Yours sincerely, For _________________ Name: Company: Date: Seal:


Page 10 of 10

CONTACT INFORMATION

Service Provider

Bharat Petroleum Corporation Limited,

Mumbai Refinery Mumbai

J.D. Chhowala Manager (CPO) Tel. No.: 022 – 2552 4129 E-Mail: [email protected]

Official Seal : _________________


1.0 Currency: Indian Rupees

2.0

2.1 Item 010- 74.42.15.375.5 -PIPE CS IS3589




1300

Qty

SUPPLY ITEMS:

Offer No./Date____________________(Bidder’s Ref.)

PRICED BID FORMAT (INDIAN BIDDERS)Vendor shall indicate their prices in the format below .This document with prices shall be

uploaded, only in the price bid section.

Name : _______________________Tel. No. : ________ _____________

Fax No. ___________ ___________

Signature : ___________________

ANNEXURE-18

(Mumbai Refinery )

M/s __________________(Bidder)





2.2 Item 020-74.42.15.385.5-PIPE CS IS3589



2.3 Item 030-74.42.15.422.5 - PIPE CS IS3589



2.4 Item 040-74.42.15.490.7 -PIPE CS IS3589



tender.

2.5

Item 050-74.42.15.514.7- PIPE CS IS3589



2.6 Item 060-6. 74.42.15.602.7- PIPE CS IS3589



2.7 Item 070-74.42.15.574.7- PIPE CS IS3589



2.8 Item 080-8. 74.42.15.526.7- PIPE CS IS3589



13300

430

3200

524

150

3000

100

Page 1

Official Seal : _________________


1.0 Currency of Quote:

2.0

2.1 Item 010- 74.42.15.375.5 -PIPE CS IS3589




SUPPLY ITEMS:

Meters

PRICED BID FORMAT (NON INDIAN BIDDERS)Vendor shall indicate their prices in the format below . This document with prices shall be

uploaded,only in the price bid section.

ANNEXURE-19

(Mumbai Refinery )

M/s __________________(Bidder)

Signature : ___________________

Name : _______________________




Tel. No. : ________ _____________

Fax No. ___________ ___________

(In Figures and in words)

1300

Qty


2.2 Item 020-74.42.15.385.5-PIPE CS IS3589



2.3 Item 030-74.42.15.422.5 - PIPE CS IS3589



2.4 Item 040-74.42.15.490.7 -PIPE CS IS3589



tender.

2.5

Item 050-74.42.15.514.7- PIPE CS IS3589



2.6 Item 060-6. 74.42.15.602.7- PIPE CS IS3589



2.7 Item 070-74.42.15.574.7- PIPE CS IS3589



2.8 Item 080-8. 74.42.15.526.7- PIPE CS IS3589



13300

430

3200

524

150

100

3000

Page 1

S No Description of Item Ex works Price per Meter

Meters

PRICED BID FORMAT (NON INDIAN BIDDERS)Vendor shall indicate their prices in the format below . This document with prices shall be

uploaded,only in the price bid section.

Qty

Page 2

Corporate Office : 22/23, Goodwill Premises, Swastik Estate, 178 CST Road, Kalina, Santacruz (E), Mumbai-400 098, Maharashtra, India.

Tel: +91-22-26507777-82, 42200900, 30608900-4 Fax : +91-22-42200933 E-mail : [email protected]

Ahmedabad : B-218, Supath-II Complex, Near Juna Vadaj Bus Stand, Usmanpura-Vadaj, Ahmedabad - 380 013, Gujarat, India

Tel: +91-079-32202865 / 27552585 Email : [email protected]

Tel : +91-265-2466653 / 6979 / 3202067 E-mail : [email protected]

Bangalore : Jala Chambers, 2nd Floor, Kumara Krupa Road, Bangalore, Karnataka - 560001, India.

Belgaum : No. 629, Rabindranath Tagore Road, Hindu Nagar, Tilakwadi, Belgaum - 590 006, Karnataka, India.

Tel : +91-831-2443141 / +91-9341370107 E-mail : [email protected]

Chennai : Badri Brindavanam, Plot No.G-2, 6th Cross Street, Brindavan Nagar, Valasaravakkam, Chennai - 600087,Tamil Nadu

Tel : +91-44-32933080 Email : [email protected]

Delhi : Office No. 1001/1015, Roots Tower, District Centre, Laxmi Nagar, Near Radhu Palace Theatre, Delhi - 110 092, India

Tel : +91-11-22042106 / 7, 32619498 E-mail : [email protected]

Hyderabad : 68-B, Vengal Rao Nagar, Hyderabad - 500 038, AP. Tel : +91-40-23713335 / 32006086 Email : [email protected]

Indore : 201, Princess Pride, Near Janjir-wala Chouraha, 21/3, New Palasia, Indore - 452001, Madhya Pradesh, India.

Tel : +91-731-4076365 / 4274458 / 3208791 Email : [email protected]

Jaipur : 210, Jamuna Towers, 2nd Floor, 13, Govind Marg, Adarsh Nagar, Jaipur - 302004, Rajasthan, India.

Tel : +91-141-2610291 / 3114405 Email : [email protected]

Kanpur : M.I.G-142, B-Block, Panki, Kanpur - 208 020, UP. Tel : +91-512-2262648 / 3268996 Email : [email protected]

Kerala : Mercy Villa, 1st Floor, BNRA-174, Bhagawathy Nagar, Kowdiar Post, Trivandrum - 695003, Kerala, India

Tel : 09349158920 E-mail : [email protected]

Kolhapur : 33B, Gr. Floor, Subhedar Ramaji Ambedkar Society, Vichare Mal, Kolhapur - 416003, Maharashtra, India.

Tel : +91-231-2653722 / +91-9373107108 E-mail : [email protected]

Kolkata : 157, Jodhpur Garden, G-2, Kolkata-700045, WB. Tel: +91-33-32542986 / +91-9339227221 Email : [email protected]

Ludhiana : C-108, Shri Ram Plaza, 1st Floor, Phase V, Focal Point, Ludhiana - 141010, Punjab, India.

Tel : +91-161-3230461 / 5050336-7 / 4626578 E-mail : [email protected]

Mumbai : 22/23, Goodwill, Swastik Estate, 178 CST Road, Kalina, Santacruz (E), Mumbai-400 098, Maharashtra, India.

Tel: +91-22-26507777-82, 42200900, 30608900-4 Fax : +91-22-42200933 , E-mail : [email protected]

Nashik : Plot No. P-48, MIDC Satpur, Near Hotel Radhakrishna, Nashik - 422 007, Maharashtra, India

Tel : +91-253-2357777 / 3205994 Email : [email protected]

Tel : +91-712-3292174 / +91-9326175990 E-mail : [email protected].

Orissa : Gopabandhu Nagar, Hillpatna, Behrampur (GM), Orissa - 760005. Tel : 9338024838, E-mail : [email protected]

International Certification Services - Offices & Branches

Baroda: 41, Dhanlaxmi Complex, Opp. Mangalaya Hall, Harni Road, Vadodara - 390 022, Gujarat, India

Tel : +91-80-22384620 / 1, 32002136. Email : [email protected]

Nagpur : Plot No.107, Lokhande Nagar, Near Gopal Nagar, Behind Datta Mandir, Nagpur – 440 022, Maharashtra, India

Aurangabad : B-4, Ekta Colony near Himayath Baugh, Aurangabad-431001, Maharashtra, Tel : 9324122436, E-mail : [email protected]

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Pune : 10, Asawari Apartment, 3rd Floor, Above Dwarka Hospital, Near Kothrud Bus Depot, Paud Road, Pune - 411038, Maharashtra India.

Tel :+91-20-32305304 / 25280119 / 25280125. Email : [email protected]

Surat : 32, Bhagya Laxmi, Row House, Koliwad, Adajan Gam, Surat, Guj. Tel: 0261-2730980/9374658606 E-mail: [email protected]

Udaipur : 33-B, Shakti Nagar, Udaipur - 313 001, Rajasthan. Tel: +91-294-2522031/2410759 / 934116813, Email : [email protected]

Vapi : 319/320, Heena Arcade, 3rd Fl, Nr. Vapi Char Rasta, Vapi (E)-396195, Guj. Tel: 0260-3291135/2423812 Email: [email protected]

Dubai (UAE) : Khalid Bin Al Walid Road (Bank Street), Kwality Restaurant Building, 4th Floor, Flat 401-A, Bur Dubai, Dubai, UAE,

Tel: +971-4-3933343 E-mail : [email protected]

Kathmandu (Nepal) : Bhansar Marg, Teku, G.P.O. Box 23473, Kathmandu, Nepal. Tel : +9771-4233656 E-mail : ics_nepal@ icsasian.com

Muscat (Oman) : Al Mashoor Building, 2nd Floor, Flat No.21, Next to Old Boat Roundabout, Al Ghubra, Muscat, Sultanate of Oman

Tel : +90-216-4188170 / +90-216-4818172 E-mail : [email protected]

Colombo (Sri Lanka) : 165/1/1, Castle Street, Colombo 8, Sri Lanka.

Tel: +94-11-2678165 / 4936156 E-mail : [email protected] , [email protected]

Doha (Qatar) : Al Daicel International Services Co. (W.L.L.), E-mail : [email protected]

Kiev (Ukraine) : International Certification Services, E-mail : [email protected]

Romania : SC International Certification Services SRL, E-mail : [email protected]

Shenzhen (China) : E-mail : [email protected]

USA : 126, Juliet Circle, Cary, NC 27513, USA Tel : +1-919-2616990 E-mail : [email protected]

Iran : No.201, Unit No.2, Dastgerdi St., Shariati Ave., Tehran, Tehran Province, IRAN P.C. 1919819113, E-mail : [email protected]

Raipur : E-mail : [email protected], [email protected] , Tel : 9300704410

Overseas Branches

Web : www.icspl.org as on 24.02.2011

Tel : +968-24499785 E-mail : [email protected]

Turkey (Istanbul) : Ataturk Mah. Alemdag Cd. No:105/9, Koyunlu Is Markezi, Umraniye, Istanbul, Turkey

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